Investigating The Role Of Identity Documents In Refugees’ Access To Education In South Africa, 2023 University of South Australia
Investigating The Role Of Identity Documents In Refugees’ Access To Education In South Africa, Elvis Munyoka
Southern African Journal of Policy and Development
This article examined the role of identity documentation in refugees’ access to education in South Africa. Identity documentation has become a necessity in modern societies. Proof of identity is required to demonstrate who one is, and to gain access to various government services such as health care, employment, and inancial assistance. However, the role of identity documents in refugees’ access to education in South Africa has received less attention. Few studies have demonstrated that without identity documents, refugees confront multiple barriers to accessing primary and secondary education in South Africa. This article reviewed available studies and recent literature on the …
Illuminating The Shadow Docket: On The Increasing Impacts Of This Evolving Judicial Procedure, 2023 University of Nevada, Las Vegas -- William S. Boyd School of Law
Illuminating The Shadow Docket: On The Increasing Impacts Of This Evolving Judicial Procedure, Sarah Voehl
Nevada Law Journal
No abstract provided.
Inventing Deportation Arrests, 2023 Benjamin N. Cardozo School of Law
Inventing Deportation Arrests, Lindsay Nash
Articles
At the dawn of the federal deportation system, the nation’s top immigration official proclaimed the power to authorize deportation arrests “an extraordinary one” to vest in administrative officers. He reassured the nation that this immense power—then wielded by a cabinet secretary, the only executive officer empowered to authorize these arrests—was exercised with “great care and deliberation.” A century later, this extraordinary power is legally trivial and systemically exercised by low-level enforcement officers alone. Consequently, thousands of these officers—the police and jailors of the immigration system— now have the power to solely determine whether deportation arrests are justified and, therefore, whether …
Adopting Nationality, 2023 Maurice A. Deane School of Law at Hofstra University
Adopting Nationality, Irina D. Manta, Cassandra Burke Robertson
Washington Law Review
Contrary to popular belief, when a child is adopted from abroad by an American citizen and brought to the United States, that child does not always become an American citizen. Many adoptees have not discovered until years later (sometimes far into adulthood) that they are not actually citizens, and some likely still do not know. To address this problem, the Child Citizenship Act of 2000 (CCA) was enacted to automate citizenship for certain international adoptees, but it does not cover everyone. Tens of thousands of adoptees still live under the assumption that they are American citizens when, in fact, they …
Climate Migration And Displacement: A Case Study Of Puerto Rican Women In Connecticut, 2023 Elisabeth Haub School of Law at Pace University
Climate Migration And Displacement: A Case Study Of Puerto Rican Women In Connecticut, Camila Bustos, Bruni Pizarro, Tabitha Sookdeo
Elisabeth Haub School of Law Faculty Publications
The climate crisis is increasingly forcing people to flee their homes, whether internally or across state borders. However, existing international and domestic law does not provide sufficient protection for those forcibly displaced by extreme weather events. In 2021, the Biden administration issued an executive order and subsequently a report on the impact of climate change on migration, which marked a first step in federal policy toward recognition of the nexus between climate change and displacement. At the local level, Connecticut has already become a destination for climate-displaced people. For instance, after Hurricane Maria landed in Puerto Rico in 2017, approximately …
Immigration Law, 2023 Mercer University School of Law
Immigration Law, Bianca N. Dibella, Michael C. Duffey
Mercer Law Review
This Article surveys cases from the United States Court of Appeals for the Eleventh Circuit from January 1, 2022 through December 31, 2022, in which immigration law was a central focus of the case. The Article begins with a discussion of cases addressing procedural and jurisdictional issues and the interpretation of decisions by lower and state courts. Then, the Article describes the Eleventh Circuit’s recent jurisprudence around discretionary relief from removal, asylum, and habeas corpus law.
An Ouroboros Of Sorts: Eleventh Circuit Remands To Bia As “Moral Turpitude” Continues Creating Division, 2023 Mercer University School of Law
An Ouroboros Of Sorts: Eleventh Circuit Remands To Bia As “Moral Turpitude” Continues Creating Division, Emma Blue
Mercer Law Review
The blue sky stretches endlessly across the open road, a red pickup coasting down the highway. The truck’s cabin is warm from the summer sun. A father holds the steering wheel in a loose grip, relaxed against the plastic bench seat. His daughter sits beside him, staring out the window at the sky ripping by—it’s them against the world, and for a breath, the peace is infinite. But then the deepest pothole snags the back wheel. The pickup veers off road in a chorus of metallic screeching. The father tries to correct, but the tire shudders against the dirt, careening …
Inventing Deportation Arrests, 2023 Benjamin N. Cardozo School of Law
Inventing Deportation Arrests, Lindsay Nash
Michigan Law Review
At the dawn of the federal deportation system, the nation’s top immigration official proclaimed the power to authorize deportation arrests “an extraordinary one” to vest in administrative officers. He reassured the nation that this immense power—then wielded by a cabinet secretary, the only executive officer empowered to authorize these arrests—was exercised with “great care and deliberation.” A century later, this extraordinary power is legally trivial and systemically exercised by low-level enforcement officers alone. Consequently, thousands of these officers—the police and jailors of the immigration system— now have the power to solely determine whether deportation arrests are justified and, therefore, whether …
Adding Wage Theft As A Qualifying Crime In The U Visa Certification, 2023 University of the District of Columbia School of Law
Adding Wage Theft As A Qualifying Crime In The U Visa Certification, Genesis Aguirre Guerra
University of the District of Columbia Law Review
Jose Lopez1 migrated to the United States without proper documentation. After he arrived, Mr. Lopez had several consecutive jobs as a line cook in various restaurants in Reno, Nevada. He started working at Casino restaurant. One day, Mr. Lopez noticed that his paychecks had not been reflecting the overtime hours he worked. Mr. Lopez approached his employer about his pay discrepancy. His employer told Mr. Lopez that he would pay for overtime the following week. The following week came, and the employer did not pay Mr. Lopez for his overtime hours. This continued for several weeks. Mr. Lopez confronted his …
Semi Structured Interview: Public Perceptions Of Family Resource Centers As Seen By Staff Personnel, With An Emphasis On The Undocumented Community, 2023 San Jose State University
Semi Structured Interview: Public Perceptions Of Family Resource Centers As Seen By Staff Personnel, With An Emphasis On The Undocumented Community, Eva Gonzalez
Themis: Research Journal of Justice Studies and Forensic Science
The value of Family Resource Centers in communities is examined in this research paper, with a focus on legal advocacy in undocumented communities. To begin, do Family Resource Centers provide sufficient resources to the undocumented population? By 2022, there will be over 3,000 FRCs in 30 states, serving over 2 million people per year. Second, how can the Family Resource Center best support Valley Palms' undocumented population? Finally, do Family Resource Centers play an important role in community development? These are some of the questions that helped lead the research when it came down to semi-structured interviews with employees from …
The Central American Minors Program: Advocating For Private Sponsorship, 2023 University of San Francisco
The Central American Minors Program: Advocating For Private Sponsorship, Magaly Velasco-Escobar
Master's Theses
Under this recommendation, minors would be interviewed by qualified officers at resettlement agencies in their home countries to assess credible fear, those deemed eligible but lacking an eligible relative would be referred for a private sponsorship pathway. Sponsors would be vetted and qualified using protocols currently in place by the Welcome Corps and Refugee Foster Care. Ideally, the Office of Refugee Resettlement (ORR) would coordinate between the private sponsors and overseas resettlement agencies, given they already do the work of vetting eligible sponsors for minors. ORR could create a program staffed with qualified individuals to coordinate this program or provide …
Un País Invertido: The Current Immigration Regime Of Colombia, 2023 University of Mississippi
Un País Invertido: The Current Immigration Regime Of Colombia, Magdalena Hendrickson
Honors Theses
Throughout its turbulent history, Colombia has seen drastic changes in structure and administration. From military coups to shaky coalitions, the country’s infamous instability has long forced its citizens to find better prospects elsewhere. However, with the rise of the Maduro administration in Venezuela, Colombia faced a massive new flow of migrants and was forced to rectify current circumstances without properly addressing its internal issues beforehand. Despite its historical status as a nation of emigrants, Colombia marks a new norm for the rest of the globe. As new issues like climate change and increased armed conflict grow worldwide, countries on the …
Fourthspace: The Role Of Active Social Inclusion In The Workforce Entry Of Syrian Refugees In Scandinavia, 2023 University of San Francisco
Fourthspace: The Role Of Active Social Inclusion In The Workforce Entry Of Syrian Refugees In Scandinavia, Anisa Abeytia
Master's Theses
The 2015 displacement of Syrian refugees into Scandinavian countries provoked a refugee integration policy adjustment that focused on workforce and higher education entry. It is a policy approach that requires attention on barriers to workforce entry to ensure effective policy implementation. This article provides insight into the larger, often overlooked barriers of Eurocentrism and historical biases on refugee labor integration and provides policy solutions to reduce their impact. Active social inclusion (ASI) and Fourthspace are introduced as a framework to reduce biases to workforce entry and integration time barriers faced by Syrian refugees. ASI can provide mechanisms to increase access …
Clark Memorandum: Spring 2023, 2023 Brigham Young University Law School
Clark Memorandum: Spring 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Fidei Defensor: Defending Faith to Enable Communities of Reconciliation
- Conscience, Peacebuilding, and Faith-Based Law Schools
- Elvis Was Right: The Unavoidable Intersection Between Personal Values and a Fulfilling Practice of Law
- The Future of the Establishment Clause: Implications of Kennedy v. Bremerton School District
Freedom In The Balance: Procedural Due Process Rights And The Burden Of Proof In Detention Hearings In Immigration Removal Proceedings, 2023 William & Mary Law School
Freedom In The Balance: Procedural Due Process Rights And The Burden Of Proof In Detention Hearings In Immigration Removal Proceedings, Colin Brady
William & Mary Bill of Rights Journal
Part I of this Note considers the statutory and regulatory basis for immigration detention. Part II reviews prior cases decided by the Board of Immigration Appeals (BIA) that bear on the question. Part III discusses how the Supreme Court has addressed previous procedural due process concerns within the immigration system and how lower courts have reacted. Part IV lays out how the Supreme Court has conceptualized the constitutional due process rights extended to noncitizens and how that has changed over the years. Part V considers how other categories of individuals are treated with respect to involuntary detention and the burden …
Mass E-Carceration: Electronic Monitoring As A Bail Condition, 2023 Texas A&M University School of Law
Mass E-Carceration: Electronic Monitoring As A Bail Condition, Sara Zampierin
Faculty Scholarship
Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals they perceive to pose some risk of flight or to public safety. But the data do not show that electronic monitoring successfully mitigates these risks or that it leads to fewer individuals in detention. Electronic monitoring also comes with severe restrictions on individual liberty and leads to harmful effects …
Promotion Of Citizenship Through Migration: Taking Into Cognizance The Peculiarities Of Migrant, 2023 Alex Ekwueme Federal University, Nigeria
Promotion Of Citizenship Through Migration: Taking Into Cognizance The Peculiarities Of Migrant, Uche Nnawulezi, Hilary Nwaechefu
Indonesia Law Review
This study arose out of the growing interest in citizenship issues that have remained an intractable problem in the global migration community. The main objective this study is to examine the realities of global migration which has necessitated expansion on citizenship policies of admission, acquisition of rights, responsibilities, and interest of migrants or residents contained in statutory provisions or frameworks of migrant's country of residence. This is against the backdrop driven by the desire to create stability in the international migration system. It becomes imperative to examined the benefits and protections accorded to migrant in his place of residence which …
"They Can Murder Us Today And It Wouldn’T Be A Novelty” U.S. Expulsion Policies And The Violent Structure Of The U.S. Enforcement Matrix, 2023 Washington University in St. Louis
"They Can Murder Us Today And It Wouldn’T Be A Novelty” U.S. Expulsion Policies And The Violent Structure Of The U.S. Enforcement Matrix, Cinthia Romo Alba
Arts & Sciences Electronic Theses and Dissertations
In recent years, the United States implemented two migrant expulsion policies: The Migrant Protection Protocols (MPP), a policy which forces migrants seeking asylum in the U.S. to remain in Mexico for the duration of their immigration proceedings, and Title 42, a policy that expelled migrants back to Mexico under the guise that it was a preventative measure for spreading COVID-19. I ask: What are the experiences of asylum seekers subjected to expulsion policies, and what do their experiences tell us about the structure of the U.S. Border Enforcement System? Relying on six months of ethnographic fieldwork at the Matamoros camp …
The U.S. Government Taking Under Eminent Domain: When Just Compensation Is Unjust (Comment), 2023 USAA
The U.S. Government Taking Under Eminent Domain: When Just Compensation Is Unjust (Comment), Michael Perez
The Scholar: St. Mary's Law Review on Race and Social Justice
The true effects of private takings do not occur in a vacuum and are not solely academic in nature. The consequence of losing property implicates loss of income, loss of value in residual property, and loss of familial land. The importance of protecting the rights of individual land-owners becomes increasingly apparent when analyzing the effect of the taking.
This comment will explore how the government’s taking of private property occurs—including how the government has loosened restrictions and procedural hurdles. The analysis will focus specifically on processes, policies, and statutes, created and used by the federal government to facilitate takings necessary …
No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), 2023 St. Mary's University
No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez
The Scholar: St. Mary's Law Review on Race and Social Justice
Current immigration polices continue to force mixed-status family separation and do not provide any attainable avenues for immigration relief. Modern immigration law is complex, filled with statutes and regulations that create waste, delay, and confusion among immigrants, their families, and the United States judicial system. As a result, U.S. citizen children are bearing the costs of a faulty immigration system.