Immigration Law Commons^™

The Role And Impact Of Nationwide Injunctions: Written Testimony For The House Committee On The Judiciary, Subcommittee On The Courts, Intellectual Property, And The Internet, Amanda Frost

Congressional and Other Testimony

This document is the written testimony submitted to the U.S. House of Representatives, Committee on the Judiciary, Subcommittee on the Courts, Intellectual Property, and the Internet. My testimony examines the authority of federal district courts to issue nationwide injunctions, defined as injunctions that bar the defendant from taking action against individuals who are not parties to the lawsuit. Such injunctions have been used frequently over the past few years to halt executive policies, particularly in immigration cases. My testimony explains that nationwide injunctions are sometimes essential to provide complete relief to the plaintiff, to avoid irreparable injury to those similarly …

Hungary's Refugee Crisis: Why A Uniform Approach Is Not The Solution, Yvonne Kupfermann

Notre Dame Journal of Law, Ethics & Public Policy

The recent refugee crisis that swept over many European nations requires an inquiry into how to balance humanitarian concerns with the resources of the respective nations involved. Oftentimes, the approach is purely humanitarian, placing much of the focus on inclusion and resettlement. However, countries that stray from this humanitarian approach are often criticized. This Note aims to offer a new theoretical framework for analyzing a refugee crisis of this scope. It uses Hungary as a case study to demonstrate how history can play a role in how a refugee crisis is handled and to provide concrete examples of a country …

Leonard Bagalwa, Leonard Bagalwa, Tsos

TSOS Interview Gallery

Leonard was forced to join the military at the age of 17 in his home country of the Congo. A Catholic priest smuggled me out of the country and I lived in refugee camps in several different countries until 2004 when he came to the United States.

In 2005, a couple came to Leonard when he was homeless in the Provo library. They found out that he needed help and offered to let me live with them. They ended up paying my tuition for my education and I went to college for five years.

Leonard uses his experiences to teach …

The Tax-Immigration Nexus, Tessa R. Davis

Faculty Publications

Tax and immigration law have a shared interest in defining community. In order to implement a tax, we must know who belongs to the taxable community. At the same time, immigration law must define and administer the requirements for membership in the national community. Despite the differing objectives of tax and immigration law—raising revenue and deciding who may enter, remain, and become a citizen in the United States, respectively—both of these regimes uses a concept of citizenship to define their respective communities. Starting from this common thread of the relevance of citizenship to both immigration and tax law, this Article …

Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless

Articles

No abstract provided.

Comments: Immigration And Modern Slavery: How The Laws Of One Fail To Provide Justice To Victims Of The Other, Shannon E. Clancy

University of Baltimore Law Review

On the first Sunday in February, Americans across the country look forward to the game of the year—the Super Bowl. Most sports fans would likely compare the anticipation and excitement of this game to that of a young child waking up on Christmas morning. This game brings in thousands of supporters to the host city each year and draws millions of television viewers. With the flashy lights, spirited fans, and debuting commercials, this game would appear to be the highlight of any person’s day. But looking behind the scenes, that is not always the case. This vast crowd also appeals …

A Funny Thing Happened On My Way To The Border . . . How The Recent Immigration Executive Orders And Subsequent Lawsuits Demonstrate The Immediate Need For Comprehensive Immigration Reform, Emily C. Callan

University of Baltimore Law Review

No abstract provided.

Hcc’S Lasting Impact; Remarks From Senator Chris Coons, Chris Coons

NYLS Law Review

No abstract provided.

Through A Glass, Clearly; Reflections On Team Lawyering, Clinically Taught, Raymond H. Brescia

NYLS Law Review

No abstract provided.

The Enduring Legacies Of The Haitian Refugee Litigation, Harold Hongju Koh

NYLS Law Review

No abstract provided.

The United States Is Unwilling To Protect Gang-Based Asylum Applicants, Timothy Greenberg

NYLS Law Review

No abstract provided.

Fostering Legal Cynicism Through Immigration Detention, Emily Ryo

Faculty Scholarship

Every year, tens of thousands of noncitizens in removal proceedings are held and processed through an expanding web of immigration detention facilities across the United States. The use of immigration detention is expected to dramatically increase under the Trump administration’s mass deportation policy. I argue that this civil confinement system may serve a critical socio-legal function that has escaped the attention of policymakers, scholars, and the public alike. Using extensive original data on long-term immigrant detainees, I explore how immigration detention might function as a site of legal socialization that helps to promote or reinforce widespread legal cynicism among immigrant …

Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Román, Ernesto Sagas

Faculty Publications

Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country’s woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential candidates raised the issue, with President Donald Trump making it the hallmark of his immigration reform platform. Trump promised that, if elected, his administration would “end birthright citizenship.” In the Dominican Republic, ending birthright citizenship and curbing immigration are now enshrined into law, resulting from a significant constitutional redefinition of Dominican citizenship …

The Perils And Possibilities Of Refugee Federalism, Burch Elias

American University Law Review

No abstract provided.

Can We Act Globally While Thinking Locally? Responding To Stella Burch Elias, The Perils And Possibilities Of Refugee Federalism, Kit Johnson

American University Law Review

In The Perils and Possibilities of Refugee Federalism, Professor Stella Burch Elias skillfully exposes both the dangers and the opportunities presented by state responses to the resettlement of refugees within their borders. She concludes that states are prohibited from excluding refugees from their territory, but she argues that states have a previously untapped opportunity to legislate at the local level in an effort to promote the integration of refugees into their communities.

This Response does not challenge those conclusions. Rather, this Response seeks to provide context to the idea of refugee federalism by further discussing the problem, acknowledged by Professor …

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

Journal Articles

The article focuses on the immigration system of the U.S., and mentions constitutionality of mandatory detention for criminal aliens who are seeking to challenge grounds for removal. Topics include U.S. Supreme Court case Demore v. Kim, which deals with mandatory detention during removal proceedings; current statutory framework governing mandatory detention for criminal aliens; and modification of the mandatory detention framework offering protection of the fundamental liberty.

A Reflection On Hcc V. Sale: A Conversation Between The Honorable Sterling Johnson, Jr. And Professor Brandt Goldstein, The Honorable Sterling Johnson Jr.

NYLS Law Review

No abstract provided.

A Case For Empathy: Immigration In Spanish Contemporary Media, Music, Film, And Novels, Constantin C. Icleanu

Theses and Dissertations--Hispanic Studies

This dissertation analyzes the representations of immigrants from North Africa, Latin America, and Eastern Europe in Spain. As engaged scholarship, it seeks to better the portrayal of immigrants in the mass media through the study of literature, film, and music about immigration spanning from the year 2000 to 2016. Because misconceptions continue to propagate in the media, this dissertation works to counteract anti-immigrant, xenophobic representations as well as balance out overly positive and orientalized portrayal of immigrants with a call to recognize immigrants as human beings who deserve the same respect, dignity, and rights as any other citizen.

Chapter 1 …

Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Jayesh Rathod, Rachel Nadas

Articles in Law Reviews & Other Academic Journals

Government data consistently affirm that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government’s weak enforcement apparatus, coupled …

Exclusion From Rights Through Extra-Territoriality At Home: The Case Of Paris Roissy-Charles De Gaulle Airport's Waiting Zone, Pauline Gj Maillet

Theses and Dissertations (Comprehensive)

In this dissertation I argue that, since the 1980s, French airports have been designed to exclude people from legal, human and refugee rights. The particular space where this happens has been successively called “international zone”, “transit zone” and “waiting zone” and its scope has been significantly extended overtime. I contend that French authorities have used the concept of extra-territoriality in concert with the material design of the airport to sustain exclusion. While this research focuses on France, findings bear relevance to the global governance of migrants and refugees. The French case epitomizes how states creatively use the law (or absence …