Immigration Law Commons^™

Immigration, Xenophobia And Equality Rights, Donald Galloway

Dalhousie Law Journal

One can readily identify a number of factors that, over the last ten years or so, have combined to reduce and destabilize the legal status and social standing of non-citizens who are seeking to enter or remain in Canada. Particularly conspicuous are the amendments to our refugee and citizenship laws that were introduced by the government that held power from the 2006 election until 2015, especially those harsh measures that were introduced after the government obtained a majority in the legislature in 2011.1 The changes in question were extensive and far-reaching. A shortlist of wellknown examples indicates the scope. Prompted …

Migrant Workers, Rights, And The Rule Of Law: Responding To The Justice Gap, Sarah Marsden

Dalhousie Law Journal

Migrant agricultural workers provide an essential and longstanding contribution to food security in Canada. Exploitation and rights shortfalls for these workers are welldocumented. On paper, they have rights on par with Canadian workers, but these rights do little to address the structure and dynamics underpinning their subordination in Canadian society. In this article, I argue that law creates a “justice gap” in the case of these workers. Law gives rights to these workers on an individual basis but also creates structural vulnerability which renders them unlikely to make use of individual remedies or compliance-based systems. Rights and protection discourse does …

Quand Voyager Mène Au Renvoi: Analyse Critique De La Législation Canadienne Sur La Perte Du Statut De Résident Permanent Liée À La Perte De L’Asile, Hélène Mayrand

Dalhousie Law Journal

This paper provides a critical analysis of section 46(1)(c.1) of the Immigration and Refugee Protection Act (IRPA) adopted in 2012. The application of this section results in the loss of permanent resident status for protected persons who lose their refugee status under section 108 of IRPA, for example by renewing their passport and travelling to their country of origin, even for a short period of time. The combined effect of sections 46(1)(c.1) and 108 of IRPA pose major issues to Canadian protected persons. As a result, this paper explains the conditions for the application of section 46(1)(c.1) of IRPA and, …

The Mv Sun Sea: A Case Study On The Need For Greater Accountability Mechanisms At Canada Border Services Agency, Lobat Sadrehashemi

Dalhousie Law Journal

In the summer of 2010, the human rights record of Sri Lanka in the aftermath of its civil war remained dismal.1 In Canada, the Immigration and Refugee Board’s acceptance rates for refugee claims made by Tamils �� eeing Sri Lanka was at approximately 84 percent.2 On 13 August 2010, a cargo ship, the MV Sun Sea (Sun Sea), arrived off the coast of British Columbia carrying 492 Tamil men, women, and children who were �� eeing Sri Lanka. Their voyage took just over two months, under horrible conditions. One passenger had died at sea. Most, if not all, had paid …

Do The Means Change The Ends? Express Entry And Economic Immigration In Canada, Asha Kaushal

Dalhousie Law Journal

The relationship between economy and community is a constitutive tension in the Canadian immigration state. With the rise of the knowledge economy, Canada mediated this tension through the concept of human capital, internalized in the points system. Introduced in 2015, Express Entry transformed the landscape of economic immigration in Canada. Express Entry is an online permanent residence application system. In this article, I argue that Express Entry is more than a change in form and process; it is a change in substance that shifts Canada’s skilled immigration regime toward a neo-corporatist model. By shifting partial decision-making authority to the provinces …

Child Migrants And America’S Evolving Immigration Mission, Shani M. King

UF Law Faculty Publications

This Article explores the many challenges—legal and otherwise—that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of exclusion and xenophobia that have shaped immigration law and policy in the United States for over one-hundred years. Such an investigation comes at a time when the issue of immigration in the United States is increasingly complex and contested. As the Trump administration mulls over new prototypes for a …

Supplying Slaves: The Disguise Of Greener Pastures: An Exploratory Study Of Human Trafficking In Uganda, Kyla Johnson

Independent Study Project (ISP) Collection

The purpose of this study was to evaluate labor migration in Uganda with a specific focus on the role labor recruitment agencies play in transporting people and how certain circumstances such as lack of knowledge of safe migration can leave people vulnerable to human trafficking. Labor externalization is beneficial specifically for developing countries because it provides jobs for the robust and available labor in these countries. Nonetheless, when reports appear that young girls are stranded abroad in the middle east after being taken there for work, labor recruitment agencies are first to receive the blame. Although Uganda issued a ban …

Tracing Race Through The Narrative Of A Oaxacan Ex-Bracero, Carlina Green

Independent Study Project (ISP) Collection

On March 21st, 2019, I was at a birthday lunch for my host mother at her parents’ house in Oaxaca de Juárez, Mexico, where I am currently studying abroad. Her father began to ask me about the normal meal times in the United States, and shared that he had witnessed this cultural difference firsthand during his time as a migrant worker in the United States. I asked him more questions and learned that he had first gone to Chesterfield, Missouri as a participant in the bracero program in 1953 and later to Los Angeles as an undocumented migrant in the …

Subfederal Immigration Regulation And The Trump Effect, Huyen Pham, Pham Hoang Van

Faculty Scholarship

The restrictive changes made by the Trump presidency on U.S. immigration policy have been widely reported: the significant increases in both interior and border enforcement, the travel ban prohibiting immigration from majority-Muslim countries, and the termination of the DACA program. Beyond the traditional levers of federal immigration control, this administration has also moved aggressively to harness the enforcement power of local and state police to increase interior immigration enforcement. To that end, the administration has employed both voluntary measures (like signing 287(g) agreements deputizing local police to enforce immigration laws) and involuntary measures (threatening to defund jurisdictions with so-called “sanctuary” …

Once More Unto The Breach: Confronting The Standard Of Review (Again) And The Imperative Of Correctness Review When Interpreting The Scope Of Refugee Protection, Gerald Heckman, Amar Khoday

Dalhousie Law Journal

The Supreme Court of Canada’s standard of review jurisprudence has been marked by the ascendancy of reasonableness as the presumptive standard of review of decisions involving an administrative tribunal’s interpretation and application of its home statute. To the extent that this approach would lead to the reasonableness review of administrative decision-makers’ interpretation of the scope and meaning of provisions of the Immigration and Refugee Protection Act that implement the basic human rights conferred in international conventions to which Canada is a party, it must be changed. Interpretations of the scope of the Refugee Convention and Convention Against Torture raise questions …

Medical Inadmissibility, And Physically And Mentally Disabled Would-Be Immigrants: Canada’S Story Continues, Constance Macintosh

Dalhousie Law Journal

In April 2018, Canada’s federal government announced that it had decided “to eliminate” the medical inadmissibility policy from our immigration regime.1 This was to bring our practices in line with contemporary Canadian values, and to engender consistency with the that Canada signed in 2007 and rati�� ed in 2010. The �������� requires equality for persons with disabilities, including taking actions to enable full and effective participation and inclusion in society.3 To achieve these obligations, states must adopt legislative or other measures that implement these rights, and must repeal or revise legislation or policies which are inconsistent with the ��������’s obligations.

Refuge In A Place Without Refugees, Jane Roarty

Independent Study Project (ISP) Collection

The question of who should be given legal status as a refugee has consistently been veiled in discussions of ‘practicality,’ political motives, and inaction. Centered in these discussions tend to be state officials, international organization officials, and academics. More importantly, typically excluded from this assembly of decision makers and the thinkers are those actually and personally affected by the specifics of the term. In Jordan, this discussion is particularly interesting because the government does not legally recognize refugees since the United Nations refused to recognize Palestinians under the 1951 Convention definition. This paper aims to unpack the term refugee: both …

The Understandings And Human Cost Of ‘Prevention Through Deterrence,’ As Seen Amongst Advocates In The United States And Mexico, Margaret Edwards

Independent Study Project (ISP) Collection

In the last two years of President Donald Trump and his administration, immigration and border regulations between the United States (US) and Mexico has become one of the most decisive and hottest political issues. This political struggle has brought into question US border practices and strategies such as physical barriers, denial of entry, detention, and, most importantly, how the US should respond to immigration. In reality, though, this question has existed since immigration along the US-Mexico border began.

In this paper, I examine a 1994 US Border Strategy, first introduced under President Bill Clinton, called ‘Prevention Through Deterrence.’ This border …

The Intersection Of Race, Bond, And "Crimmigration" In The United States Immigration Detention System, Tremaine Hemans

University of the District of Columbia Law Review

The United States ("U.S.") Supreme Court's recent decision in Jennings v. Rodriguez' has potentially opened another avenue for people of color to become entangled in the U.S.' predatory immigration system, through the denial of bail hearings. Denial of periodic bond hearings ensures that many detainees in immigration facilities will be held indefinitely until these detainees' cases are adjudicated. In Jennings, the Court held that detained aliens do not have a right to periodic bond hearings even if they are detained for prolonged periods of time, due to the language of the mandatory and discretionary detention statutes at §§ 1225(b)(1)-(2) and …

Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White

Kenneth White

The United States has always been a nation of immigrants, and immigration policy has always been controversial. The history of immigration in the United States is contrasted in this article with a normative standard of naturalization (immigration policy) based on the Declaration of Independence. The current immigration debate fits within a historical pattern that pits an unrestricted right of immigration (the left) against exclusive, provincial politics (the right). Both sides are simultaneously correct and incorrect. A moderate policy on immigration is possible if the debate in the United States gets an infusion of what Thomas Paine called "common sense."

Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore

Faculty Scholarship

The blog post reviews are very recent Ninth Circuit case, Thuraissigiam, which holds that “asylum seekers facing deportation have the right to challenge the summary denial of their asylum claims in federal court". The ruling in Thuraissigiam applies to individuals who have failed to establish a “credible fear of persecution” in expedited removal proceedings conducted at the border.

Law School News: A Spring Break That Teaches - And Gives Back 03/11/2019, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies

Law Faculty Scholarship

No abstract provided.

287(G) Agreements In The Trump Era, Huyen Pham

Huyen T. Pham

No abstract provided.