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Presidential Immigration Policies Endangering Health And Well-Being?, Lawrence O. Gostin, Katharina Ó Cathaoir 2017 Georgetown University Law Center

Presidential Immigration Policies Endangering Health And Well-Being?, Lawrence O. Gostin, Katharina Ó Cathaoir

Georgetown Law Faculty Publications and Other Works

Since assuming office, President Trump has issued a series of executive orders transforming United States immigration policy. From building a border wall to banning entry to the US based on nationality, these executive orders are likely to profoundly impact health and wellbeing. Are these actions legal, ethical, and what are the likely effects on US health care?

The implications of the proposed expansion of the border wall between Mexico and the US, new rules on deportation and detention, and the proposed ban on immigration from certain Muslim-majority countries are discussed. These actions run contrary to available evidence on protecting the ...


Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring 2017 Louisiana State University

Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring

Arkansas Law Review

No abstract provided.


Colossus, Raise Your Lamp: Reclaiming Our Diversity Through Immigration, Nichole Hamsher 2017 Kent State University

Colossus, Raise Your Lamp: Reclaiming Our Diversity Through Immigration, Nichole Hamsher

Undergraduate Research Symposium

Each American is part of a unique tradition that invites people from all parts of the globe to come here, seek their fortune, find happiness, and give their families a fresh start: essentially, embody the American Dream. Those who dare to come here today through legal channels face an overcomplicated, expensive process that takes years to navigate. Many take the only option they have: entering the country illegally.

As immigration takes center stage, the political climate surrounding it has become outright hostile with the election of President Trump. Building walls and removing people who are essentially law-abiding and tax-paying is ...


The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood 2017 Barry University School of Law

The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood

Barry Law Review

No abstract provided.


Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson 2017 Washington and Lee University

Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson

VA Engage Journal

The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of ...


Rights And Queues: On Distributive Contests In The Modern State, Katharine G. Young 2017 Boston College Law School

Rights And Queues: On Distributive Contests In The Modern State, Katharine G. Young

Katharine G. Young

Two legal concepts have become fundamental to questions of resource allocation in the modern state: rights and queues. As rights are increasingly recognized in areas such as housing, health care, or immigration law, so too are queues used to administer access to the goods, services, or opportunities that realize such rights, especially in conditions of scarcity. This Article is the first to analyze the concept of queues (or temporal waiting lines or lists) and their ambivalent, interdependent relation with rights. After showing the conceptual tension between rights and queues, the Article argues that queues and “queue talk” present a unique ...


Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom 2017 Boston College Law School

Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom

Daniel Kanstroom

The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should account for legitimate federal immigration law goals, such as uniformity and finality? Second, how should federal courts deploy preemption and federalism principles when faced with challenges by federal authorities to such state court actions? This article offers a framework of “dialogical federalism,” seeking to normalize certain tensions under a rubric of dialogue, rather than formal hierarchy ...


Newsroom: Huffpost: Mancheno '13 Battles Muslim Ban 3-16-2017, Christopher Mathias, Omar Kasrawi, Roger Williams University School of Law 2017 Huffington Post

Newsroom: Huffpost: Mancheno '13 Battles Muslim Ban 3-16-2017, Christopher Mathias, Omar Kasrawi, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School of Law 2017 Roger Williams University

Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Revised Refugee Executive Order In The Courts: Detour Or Speed-Bump?, Peter Margulies 2017 Roger Williams University School of Law

The Revised Refugee Executive Order In The Courts: Detour Or Speed-Bump?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Revised Refugee Eo In The Courts Ii: The Flawed Maryland District Court Decision, Peter Margulies 2017 Roger Williams University School of Law

The Revised Refugee Eo In The Courts Ii: The Flawed Maryland District Court Decision, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Indigenous As Alien, Leti Volpp 2017 UC Berkeley Law

The Indigenous As Alien, Leti Volpp

Leti Volpp

No abstract provided.


American Nationals And Interstitial Citizenship, Rose Cuison Villazor 2017 UC Davis King Hall School of Law

American Nationals And Interstitial Citizenship, Rose Cuison Villazor

Fordham Law Review

Citizenship scholarship is pervasively organized around a binary concept: there is citizenship (which is acquired at birth or through naturalization) and there is noncitizenship (which accounts for everyone else). This Article argues that this understanding is woefully incomplete. In making this argument, I tell the story of noncitizen nationals, a group referred to by this Article as American nationals. Judicially constructed in the 1900s, and codified by Congress in 1940, American nationals possess some of the rights inherent to citizenship, such as the right to enter and reside in the United States without a visa. Yet, they do not have ...


Executive Disorder: The Muslim Ban, Emergency Advocacy, And The Fires Next Time, Abed Ayoub, Khaled Beydoun 2017 American Arab Anti-Discrimination Committee

Executive Disorder: The Muslim Ban, Emergency Advocacy, And The Fires Next Time, Abed Ayoub, Khaled Beydoun

Michigan Journal of Race and Law

On January 27, 2017, one week into his presidency, Donald Trump enacted Executive Order No. 13769, popularly known as the “Muslim Ban.” The Order named seven Muslim-majority nations and restricted, effective immediately, the reentry into the United States of visa and green card holders from these states. With the Muslim Ban, President Trump delivered on a central campaign promise, and as a result, injected Islamophobia into American immigration law and policy.

The Muslim Ban had an immediate impact on tens of thousands of Muslims, directly affecting U.S. visa and green card holders currently outside of the country, while exacerbating ...


A Modest Memo, Yxta Maya Murray 2017 Loyola Law School

A Modest Memo, Yxta Maya Murray

Michigan Journal of Race and Law

A Modest Memo is a satire in the form of a legal memo written for President-Elect Donald Trump circa November 2016. It counsels Mr. Trump to obtain Mexican funding for a United States-Mexico “Wall” via United Nations Security Council sanctions. These sanctions would freeze remittances (that is, “hold them hostage”) until Mexican President Enrique Peña Nieto wired the United States sufficient monies for construction. The memo, which is entirely the product of my imagination and legal study, contemplates one of the many possible worst case scenarios threatened by the Trump presidency. Through the arts of law and literature, I aim ...


The Constitutionality Of The Immigration And Nationality Act Called Into Question Again: The Ninth Circuit Correctly Holds "Obstruction Of Justice" Raises Grave Constitutional Concerns In Valenzuela Gallardo V. Lynch, Taylor Gibson 2017 Boston College Law School

The Constitutionality Of The Immigration And Nationality Act Called Into Question Again: The Ninth Circuit Correctly Holds "Obstruction Of Justice" Raises Grave Constitutional Concerns In Valenzuela Gallardo V. Lynch, Taylor Gibson

Boston College Law Review

On March 31, 2016, in Valenzuela Gallardo v. Lynch, the U.S. Court of Appeals for the Ninth Circuit found that the phrase “an offense relating to obstruction of justice,” used as one definition of an aggravated felony within the Immigration and Nationality Act, raised grave unconstitutional vagueness concerns because there are no limits to where the process of justice begins and ends. This issue, identified by the Ninth Circuit, was not addressed by the Second or Eighth Circuits despite these courts interpreting the same statutory provision in separate cases. This Comment argues that the Ninth Circuit was correct on ...


The Revised Refugee Eo: Reports Show A Clear Turn Toward Legal Compliance, Peter Margulies 2017 Roger Williams University School of Law

The Revised Refugee Eo: Reports Show A Clear Turn Toward Legal Compliance, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Legal Attitudes Of Immigrant Detainees, Emily Ryo 2017 University of Southern California

Legal Attitudes Of Immigrant Detainees, Emily Ryo

Emily Ryo

A substantial body of research shows that people’s legal attitudes can have wide-ranging behavioral consequences.  In this paper, I use original survey data to examine long-term immigrant detainees’ legal attitudes.  I find that the majority of detainees express a felt obligation to obey the law, and do so at a significantly higher rate than other U.S. sample populations.  I also find that the detainees’ perceived obligation to obey U.S. immigration authorities is significantly related to their evaluations of procedural justice, as measured by their assessments of fair treatment while in detention.  This finding remains robust controlling for ...


Newsroom: Ny Times: Refugee, Immigrant, And Citizen 02-27-2017, Alexandra S. Levine, Roger Williams University School of Law 2017 New York Times

Newsroom: Ny Times: Refugee, Immigrant, And Citizen 02-27-2017, Alexandra S. Levine, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Dhs Border Memo Ii: Removal First, Hearing Later?, Peter Margulies 2017 Roger Williams University School of Law

The Dhs Border Memo Ii: Removal First, Hearing Later?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


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