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3,283 full-text articles. Page 7 of 104.

The Michigan Guidelines On Refugee Freedom Of Movement, Colloquium on Challenges in International Refugee Law 2018 University of Michigan Law School

The Michigan Guidelines On Refugee Freedom Of Movement, Colloquium On Challenges In International Refugee Law

Michigan Journal of International Law

Despite the clear legal foundation of refugee freedom of movement at international law, states are also committed to the deterrence of human smuggling and trafficking, to the maintenance of effective general border controls, to safeguarding the critical interests of receiving communities, and to effectuating safe and dignified repatriation when refugee status comes to an end. Legal obligations to respect refugee freedom of movement therefore co-exist with, and must be reconciled to, other important commitments.


Refugees And The Right To Freedom Of Movement: From Flight To Return, Marjoleine Zieck 2018 University of Amsterdam

Refugees And The Right To Freedom Of Movement: From Flight To Return, Marjoleine Zieck

Michigan Journal of International Law

This background study focuses on the right to freedom of movement of refugees. It reviews the law pertaining to this freedom from the perspective of the spatial journey of refugees. This focus on the law means that extralegal considerations will not be taken into consideration. The analysis will not proceed from any perceived need for limits that should be accepted as “a product of realism about the strains that migration, especially high-volume migration or sudden influxes, can bring to a society.”


Communities In Peril: The Dispersion Of Temporary Protected Status Populations Throughout Massachusetts, Phillip Granberry, Trevor Mattos, Lorna Rivera 2018 University of Massachusetts Boston

Communities In Peril: The Dispersion Of Temporary Protected Status Populations Throughout Massachusetts, Phillip Granberry, Trevor Mattos, Lorna Rivera

Gastón Institute Publications

Massachusetts is estimated to have over 12,000 residents with Temporary Protected Status (TPS). TPS is a non-immigrant status granted when a country's nationals in the United States cannot return safely or, in certain circumstances, when the country is unable to handle the return of its nationals adequately. This legal status was instituted as part of the 1990 Immigration Act, which was sponsored by Senator Edward M. Kennedy and signed into law by President George H. W. Bush. TPS beneficiaries are not removable from the United States, can obtain an employment authorization document (EAD), and may be granted travel ...


Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen 2018 University of Colorado Law School

Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen

Articles

The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes ...


Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf

Scholarly Works

Non-precedent decisions are the norm in federal appellate courts, and are seen by judges as a practical necessity given the size of their dockets. Yet the system has always been plagued by doubts. If only some decisions are designated to be precedents, questions arise about whether courts might be acting arbitrarily in other cases. Such doubts have been overcome in part because nominally unpublished decisions are available through standard legal research databases. This creates the appearance of transparency, mitigating concerns that courts may be acting arbitrarily. But what if this appearance is an illusion? This Article reports empirical data drawn ...


Chevron's Liberty Exception, Michael Kagan 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Chevron's Liberty Exception, Michael Kagan

Scholarly Works

This Article argues that the Supreme Court’s practice in immigration cases reflects an unstated but compelling limitation on Chevron deference. Judicial deference to the executive branch is inappropriate when courts review the legality of a government intrusion on physical liberty. This norm is illustrated by the fact that the Court has not meaningfully applied Chevron deference in cases concerning deportation, and also has seemed reluctant to do so in cases concerning immigration detention. It is a logical extension of the established rule that Chevron deference does not apply to questions of criminal law. By contrast, the Court applies Chevron ...


Protecting The Rights Of Daca Recipients As Persons Residing Under Color Of Law In New York, Janet M. Calvo 2018 CUNY School of Law

Protecting The Rights Of Daca Recipients As Persons Residing Under Color Of Law In New York, Janet M. Calvo

City University of New York Law Review

While the future immigration status of those who enrolled in DACA, Deferred Action for Childhood Arrivals, is uncertain, they should remain eligible for both professional licensing and Medicaid in New York as they continue to be PRUCOL, permanently residing under color of law, whether or not DACA is ultimately rescinded. Almost 800,000 non-citizens who came to the United States as children have been afforded DACA. As of 2017, there were over 40,000 approved DACA recipients (DACAs) in New York. The USCIS reported that as of September 4, 2017 there were 32,900 active DACAs in New York. A ...


Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger 2018 St. Mary's University School of Law

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming


Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. McPherson 2018 St. Mary's University School of Law

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming


Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon 2018 St. Mary's University

Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon

St. Mary's Law Journal

Abstract forthcoming


How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf 2018 University of Nevada, Las Vegas

How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf

Research Briefs

No abstract provided.


The Domestic Establishment Clause, Josh Blackman 2018 South Texas College of Law Houston

The Domestic Establishment Clause, Josh Blackman

Roger Williams University Law Review

No abstract provided.


The Perpetual "Invasion": Past As Prologue In Constitutional Immigration Law, Matthew J. Lindsay 2018 University of Baltimore School of Law

The Perpetual "Invasion": Past As Prologue In Constitutional Immigration Law, Matthew J. Lindsay

Roger Williams University Law Review

No abstract provided.


Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson 2018 New York Law School

Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson

Roger Williams University Law Review

No abstract provided.


The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels 2018 Dickinson School of Law of the Pennsylvania State University

The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels

Dickinson Law Review

In January 2016, former President Obama announced the end of the “Wet-Foot, Dry-Foot” Policy, which granted special immigration benefits to Cuban migrants. As part of the agreement to end this policy, the Cuban government agreed to take back its citizens with final orders of removal for criminal convictions, an action that it had refused to take for decades. This Comment will begin by exploring past and present immigration policies between the United States and Cuba, including recent developments like the normalization of relations and the impact of President Trump’s immigration policies.

This Comment will then explore possible avenues of ...


Alternative Spring Break 2018 Report, Roger Williams University School of Law 2018 Roger Williams University

Alternative Spring Break 2018 Report, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The Rights Of Marriage: Obergefell, Din, And The Future Of Constitutional Family Law, Kerry Abrams 2018 Duke Law School

The Rights Of Marriage: Obergefell, Din, And The Future Of Constitutional Family Law, Kerry Abrams

Faculty Scholarship

In the summer of 2015 the United States Supreme Court handed down two groundbreaking constitutional family law decisions. One decision became famous overnight Obergefell v. Hodges declared that same-sex couples have the constitutional right to marry. The other, Kerry v. Din, went largely overlooked. That later case concerned not the right to marry but the rights of marriage. In particular, it asked whether a person has a constitutional liberty interest in living with his or her spouse. This case is suddenly of paramount importance: executive orders targeting particular groups of immigrants implicate directly this right to family reunification.

This Article ...


Asylum Seekers At Vive Shelter, Rebecca Chilelli 2018 Daemen College

Asylum Seekers At Vive Shelter, Rebecca Chilelli

Academic Festival Posters

There is much debate over the issue of allowing asylum seekers and refugees into the United States. Often, the terms “asylee” and “refugee” are used interchangeably, but they are distinct. This project aims to clarify the difference between asylum seekers and refugees. It will also explore the procedures for applying for asylum in the United States and Canada, both of which can be long and difficult processes. This research will demonstrate a service learning experience at Vive, a program of Jericho Road Community Health Center. Vive is a shelter for asylees in Buffalo, New York. About one hundred asylum seekers ...


A Pathway To Safety: Legal Protection For Immigrant Victims Of Domestic Violence, Joni Pobedinsky 2018 Daemen College

A Pathway To Safety: Legal Protection For Immigrant Victims Of Domestic Violence, Joni Pobedinsky

Academic Festival Posters

In the United States, some immigrant women, especially those who are unauthorized, suffer abuse and exploitation. These women often depend on a U.S. citizen or “Lawful Permanent Resident” spouse (LPR) to petition on their behalf, or their legal status may be tied to their spouse’s employment. Dependence on an abusive spouse for legal status creates a system where immigrant victims fear deportation if they report the abuse and exploitation they suffer. In these cases, the precarious legal status of immigrant women is used by a spouse as a tool of control, often silencing the victims through threats of ...


The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías 2018 Texas A&M University School of Law

The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías

Faculty Scholarship

This article explores the need to develop a Latinx-focused network that advances law and policy. The Network for Justice is necessary to build upon the existing infrastructure in the legal sector to support the rapidly changing demographic profile of the United States. Latinxs are no longer a small or regionally concentrated population and cannot be discounted as a foreign population. Latinxs reside in every state in our nation and, in some communities, comprise a majority of the population. The goal of the Network for Justice is to facilitate and support local and statewide efforts to connect community advocates to formal ...


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