Preventing Trafficking By Protecting Refugees, 2023 William H. Bowen School of Law, University of Arkansas at Little Rock
Preventing Trafficking By Protecting Refugees, Rebecca L. Feldmann
Utah Law Review
An inherent tension underlies the duty to prevent trafficking. On the one hand, nation-states are required to take border control measures aimed at preventing trafficking. At the same time, such measures must respect international obligations toward asylum-seekers and other migrants relating to the free movement of people. In the past twenty years, countries such as the United States have developed increasingly sophisticated systems designed to regulate and restrict the movement of people across borders. However, the same period has seen an increasing disregard for the human rights of the very people who are crossing those borders. In order to fully …
Immigration Law's Missing Presumption, 2023 Texas A&M University School of Law
Immigration Law's Missing Presumption, Fatma Marouf
Faculty Scholarship
The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption to facilitate deportation. The Article examines the meaning of “innocence” in the immigration context, revealing how historically racialized perceptions of guilt eroded the notion of innocence early on and connecting the missing presumption to persistent associations between people of color and guilt. By analyzing how a presumption of innocence is impeded …
Attachment Issues: Assessing The Relationship Between Newcomers And The Constitution, 2023 William & Mary Law School
Attachment Issues: Assessing The Relationship Between Newcomers And The Constitution, Ashley Mantha-Hollands
William & Mary Bill of Rights Journal
Are you attached to the principles of the U.S. Constitution? How do you prove it—do you feel it, or just know it? What role does it play in your daily life as a citizen? Ever since one of the first acts of the U.S. Congress, the Naturalization Act of 1795, applicants for citizenship have been required to demonstrate that they are “attached to the principles of the [C]onstitution of the United States.” This requirement has been at the forefront of fierce debates in U.S. constitutional history and, although it has had limited usage after WWII, it has recently been brought …
The Rise And Fall Of Daca: An Audio Series, 2023 University of Nebraska-Lincoln
The Rise And Fall Of Daca: An Audio Series, Dulce Garcia
Honors Theses
The history of Deferred Action for Childhood Arrivals, commonly known as DACA, is a tumultuous one. In 2012, when President Obama created DACA through an executive order it gave relief to hundreds of thousands of people who were brought to the United States as children without their knowledge, giving them a range of benefits like never before including a work permit, a social security number, protection from deportation, and others. Yet, these last ten years the program has stood on shaky grounds with constant court battles canceling, reinstating or partially rolling the program. This audio series will give a deep …
New Community Sponsorships For Humanitarian Immigrants: Guidance On Washington’S Practice Of Law And Immigration Services Fraud Prevention Rules, 2023 Seattle University School of Law
New Community Sponsorships For Humanitarian Immigrants: Guidance On Washington’S Practice Of Law And Immigration Services Fraud Prevention Rules, Megan J. Ballard, Zaida C. Rivera
Seattle University Law Review SUpra
Every state, including Washington, has enacted laws to protect the public from the harm caused when an unqualified person provides legal services. Each state defines the practice of law and generally limits that practice to members of the state bar association. In Washington, a complex collage of case law, statutes, and a Supreme Court rule attempt to define the practice of law, identify when the practice of law by a nonlawyer is unauthorized, and determine when public policy considerations allow such nonlawyer practice.
Protecting immigrants from unauthorized practice of immigration law is a particular concern. People who claim to be …
An Unreasonable Presumption: The National Security/Foreign Affairs Nexus In Immigration Law, 2023 Brooklyn Law School
An Unreasonable Presumption: The National Security/Foreign Affairs Nexus In Immigration Law, Anthony J. Demattee, Matthew J. Lindsay, Hallie Ludsin
Brooklyn Law Review
For well over a century, immigration has occupied a constitutionally unique niche within US public law. Noncitizens in immigration proceedings are routinely denied constitutional guarantees, including due process and equal protection, that apply in virtually every other legal setting. Courts justify their extraordinary deference to the government by invoking a presumptive nexus between immigration, on the one hand, and national security and foreign affairs, on the other. Critically, courts cite the national security/foreign affairs nexus regardless of whether the specific regulation or enforcement action under review has any plausible bearing on those interests. This article is the first to demonstrate …
Legal Order At The Border, 2023 William & Mary Law School
Legal Order At The Border, Evan J. Criddle
Faculty Publications
For generations, the United States has grappled with high levels of illegal immigration across the U.S.-Mexico border. This Article offers a novel theoretical framework to explain why legal order remains elusive at the border. Drawing inspiration from Lon Fuller’s “interactional view of law,” I argue that immigration law cannot attract compliance unless it is general, public, prospective, clear, consistent, and stable; obedience with its rules is feasible; and the law’s enforcement is congruent with the rules as enacted. The flagrant violation of any one of these principles could frustrate the development of a functional legal order. Remarkably, U.S. immigration law …
Human Frailty, Unbreakable Victims And Asylum, 2023 University of Miami School of Law
Human Frailty, Unbreakable Victims And Asylum, Rebecca Sharpless, Kristi E. Wintermeyer
Articles
This article analyzes the asylum decisions of immigration agencies and federal appellate courts and demonstrates that the case law driven standard for persecution is out of step with the original meaning of the term, international law standards, and contemporary understanding of how human beings experience physical and mental harm. Medical and psychological evidence establishes that even trauma at the lower end of the spectrum of severity can inflict lasting and debilitating effects on people's health. Yet over the last three decades, virtually no court decisions have decreased the showing of harm needed to establish persecution. To the contrary, courts have …
Promoting Healing And Avoiding Retraumatization: A Proposal To Improve Mental Health Care For Detained Unaccompanied Minors Through A Best Interests Of The Child Standard, 2023 William & Mary Law School
Promoting Healing And Avoiding Retraumatization: A Proposal To Improve Mental Health Care For Detained Unaccompanied Minors Through A Best Interests Of The Child Standard, Francesca J. Babetski
William & Mary Law Review
Part I of this Note will describe the circuit split. It will provide background on the A.M. [A.M. v. Luzerne County Juvenile Detention Center] and Doe 4 cases, including an explanation of the major precedents on which the Third and Fourth Circuits based their respective decisions. Then, Part II will argue that A.M. and its deliberate indifference standard cannot appropriately be applied in cases involving detained unaccompanied minors, also called Unaccompanied Alien Children (UACs). This almost twenty-year-old standard does not consider the latest information about immigration policy and the unique mental health needs of UACs such as Doe …
Second Chances In Criminal And Immigration Law, 2023 University of California, Los Angeles
Second Chances In Criminal And Immigration Law, Ingrid V. Eagly
Indiana Law Journal
This Essay publishes the remarks given by Professor Ingrid Eagly at the 2022 Fuchs Lecture at Indiana University Maurer School of Law. The Fuchs Lecture was established in honor of Ralph Follen Fuchs in 2001. Professor Fuchs, who served on the Indiana University law faculty from 1946 until his retirement in 1970, was awarded the title of university professor in recognition of his scholarship, teaching, and public service. In her Fuchs lecture, Professor Eagly explores the growing bipartisan consensus behind “second chance” reforms in the state and federal criminal legal systems. These incremental reforms acknowledge racial bias, correct for past …
Concepts Of Citizenship In The Controversy About Constitutional Citizenship For People Born In U.S. Territories, 2023 CUNY School of Law
Concepts Of Citizenship In The Controversy About Constitutional Citizenship For People Born In U.S. Territories, Janet M. Calvo
Fordham Law Review
In 2019, the District of Utah in Fitisemanu v. United States rejected the Insular Cases and held that persons born in American Samoa acquired Fourteenth Amendment constitutional citizenship at birth. The Tenth Circuit reversed through an analysis that attempted to “repurpose” the Insular Cases. This Essay discusses the differing concepts of citizenship presented in Fitisemanu, which raise significant questions about the nature and import of American constitutional citizenship. The Supreme Court’s recent denial of certiorari in Fitisemanu unfortunately leaves these questions unresolved, further continuing the second-class status of individuals born in the territories and underscores the uncertainty of …
Judicial Antifederalism, 2023 St. Mary's University School of Law
Judicial Antifederalism, Anthony M. Ciolli
Fordham Law Review
The United States has a colonies problem. The more than 3.5 million Americans who live in the U.S. territories of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands lack some of the most fundamental rights and protections, such as the right to vote. This is due to a series of decisions decided more than a century ago, collectively known as the Insular Cases, in which the U.S. Supreme Court held that the “half-civilized,” “savage,” “ignorant and lawless” “alien races” that inhabited America’s overseas territories were not entitled to the same constitutional rights and …
Imperialist Immigration Reform, 2023 The George Washington University Law School
Imperialist Immigration Reform, Cori Alonso-Yoder
Fordham Law Review
For decades, one of the most challenging domestic policy matters has been immigration reform. Dogged by controversial notions of what makes for a “desirable” immigrant and debates about enforcement and amnesty, elected officials have largely given up on achieving comprehensive, bipartisan immigration solutions. The lack of federal action has led to an outdated and impractical legal framework, with state and local lawmakers unable to step into the breach. Well over 100 years ago, the U.S. Supreme Court firmly stated that regulation of the U.S. immigration system is within the sole constitutional authority of the federal government.
Yet there is one …
Grabbing The Bull By The Horns: Jurisprudential, Ethical, And Other Lessons For Lawyers And Law Students In The Immigration Labyrinth And Beyond, 2023 Mercer University School of Law
Grabbing The Bull By The Horns: Jurisprudential, Ethical, And Other Lessons For Lawyers And Law Students In The Immigration Labyrinth And Beyond, Mark L. Jones
Articles
No abstract provided.
Existir Y Sobrevivir: El Prejuicio Que Enfrentan Los Inmigrantes Venezolanos En La Quinta Región De Chile., 2023 SIT Study Abroad
Existir Y Sobrevivir: El Prejuicio Que Enfrentan Los Inmigrantes Venezolanos En La Quinta Región De Chile., Daisy Alcantar
Independent Study Project (ISP) Collection
This investigation looks at determining the institutional prejudice that Venezuelan immigrants face while being in Chile, specifically in Valparaíso and Viña del Mar. Immigration is not a new concept in Chile but in recent years the great influx of Latin American immigrants, including Venezuelan immigrants, has seen a great backlash from the Chilean government and society. This is largely due to the white and European values that have been integrated into Chilean society. Therefore, driven by colonialist and nationalist views, Venezuelan immigrants are deemed as the “other” and have become criminalized and stigmatized by Chilean society. Ultimately leading the Venezuelan …
Eu Migration Policy: Analyzing The Coercive Responses Of Transit Countries Within The Eu’S Framework Of Externalization, 2023 SIT Study Abroad
Eu Migration Policy: Analyzing The Coercive Responses Of Transit Countries Within The Eu’S Framework Of Externalization, Emily Swan
Independent Study Project (ISP) Collection
This paper seeks to analyze the intersection between the EU’s increasingly securitized and externalized policies towards migration, and instances of the weaponization of migration on the EU’s external borders. Although scholars have analyzed cases in which states harness migrants as political weapons, depoliticized most depictions apply a moralistic lens that frames these cases as aberrant, decontextualized, and political events. This paper will complicate understandings of the weaponization of migration by analyzing how EU policies of externalization and securitization systematically shape the environment in which it becomes politically advantageous for leaders, such as Recep Tayyip Erdoğan and Alexander Lukashenko, to resort …
Gender-Based Religious Persecution, 2023 California Western School of Law
Gender-Based Religious Persecution, Pooja R. Dadhania
Faculty Scholarship
People fleeing gender-based violence in the home face an uphill battle when seeking asylum in the United States. Through the lens of public and private spheres, this Article explores the underutilized religion ground for asylum for cases involving gender-based violence in the home—i.e., the private sphere. This Article argues that if an individual imposes a patriarchal practice on an asylum seeker in the private sphere and justifies that practice using religion, the asylum seeker’s resistance to that practice should constitute religious expression.
The religion ground protects individuals who are persecuted because of their religious beliefs and religious expression. It typically …
Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks, 2023 St. Mary's University School of Law
Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks, Olawale Ogunmodimu
St. Mary's Law Journal
This present global community is complicated because of anxiety and uncertainty. It is thoroughly interconnected yet intricately partitioned. Pivotally, one could argue that the centrality to this global anxiety is identity and belonging. People want to identify with and belong to a political system, territory, and culture. It seems that there is a present world that mirrors the political emergence of the interwar period that had nationalism on the rise. There is hostility to non-citizens globally, whether as refugees, internally displaced peoples (IDPs), or immigrants seeking to join new political communities. This Article explains the difficulties that ensue from being …
Impacted Communities Leading Authentic Legal Mobilization: A Refugee-Led Access-To-Justice Story, 2023 St. John's University School of Law
Impacted Communities Leading Authentic Legal Mobilization: A Refugee-Led Access-To-Justice Story, Douglas Smith
Journal of Civil Rights and Economic Development
(Excerpt)
I have a modest proposal to begin addressing the civil access-to-justice problem in the United States: eliminate the barriers for refugees to provide legal representation. In discussions of access to civil justice, immigration and immigrant rights compel our attention—images of children as young as three facing deportation without representation and non-citizens detained because of civil immigration infractions come to mind. But we hear less about the access-to-justice challenges of immigrants fighting for their rights to safe housing, public benefits, education for their children, or often-contingent or under-the-table jobs. The cries of immigrant communities about informal and formal threats from …
A Better Way: Uncoupling The Right To Counsel With The Threat Of Deportation For Unaccompanied Immigrant Children And Beyond, 2023 St. John's University School of Law
A Better Way: Uncoupling The Right To Counsel With The Threat Of Deportation For Unaccompanied Immigrant Children And Beyond, Laura Barrera
Journal of Civil Rights and Economic Development
(Excerpt)
The stakes could not be higher in immigration court—families are separated; people are banished from their communities with little hope of ever legally returning; judges relegate individuals to seemingly arbitrary and indefinite detention in remote locations. Each of these hardships—and more—flow from the threat of deportation. As the Supreme Court noted in 1922, deportation “may result . . . in . . . all that makes life worth living.”
As has been the unfortunate norm in civil proceedings, many individuals face these trials without an attorney by their side because while the law states that respondents in immigration court …