Digital Commons Network^™

Liars And Terrorists And Judges, Oh My: Moral Panic And The Symbolic Politics Of Appellate Review In Asylum Cases, Eric M. Fink

Eric M Fink

As part of the REAL ID Act, Congress amended the Immigration and Nationality Act to restrict judicial review of adverse credibility determinations by immigration judges. The change came in the wake of controversy of judicial reversals of adverse credibility determinations that the reviewing courts saw as inappropriately speculative and lacking in evidentiary support. Critics, including some appellate judges, have in turn alleged that the appellate courts have been insufficiently deferential to the factual determinations of Immigration Judges (IJs) and the BIA.

This paper examines the argument offered in support of limiting judicial review in this area, and provides an empirical …

"In All Things Love" Immigration, Policy-Making And The Development Of Preferential Options For The Poor, Michele R. Pistone, John J. Hoeffner

Michele R. Pistone

The invitation to write for this symposium stated that the preferential option for the poor “asks us to define what law and public policy would look like if consideration for the poor was at the heart of our conception of the common good.” Inquiries of this kind are useful and necessary—to a point. They also can become counter-productive. The issue of immigration, which we discuss here to illustrate our larger point about the general appropriateness of claiming that a specific policy prescription is demanded by the preferential option for the poor, presents the complications of the matter in particularly stark …

Sovereignty Migrates In Us And Mexican Law: Transnational Influences In Plenary Power And Non-Intervention, Ernesto Hernandez-Lopez

Ernesto A. Hernandez

Mexico and the US exercise increasingly transnational, less absolute, sovereignty with respect to migration. This is evident in changes to Mexico's norm of non-intervention (NIV) and the US' plenary power doctrine (PPD), two doctrines sourced in international sovereignty. Both historically defined sovereign authority in absolute terms, avoiding any foreign influence or domestic limitation. NIV prohibits Mexican foreign relations from interfering in another state's domestic affairs. Traditionally it barred a foreign policy on migrants in the US, leading to Mexico's 'no policy' on migrants. PPD labels immigration law as immune from judicial review because the political branches have complete, 'plenary,' authority …

Employers On The Fence: A Guide To The Immigratory Workplace, Natalie Prescott

Natalie Prescott

The Article discusses potential problems employers across the nation face when hiring, promoting, or employing foreign workers. It gives practical advice to employers on how to prevent discriminatory practices and avoid discrimination lawsuits and penalties and serves as an abbreviated employer's manual to immigration law.

Oaxacans Like To Work Bent Over: The Naturalization Of Social Suffering Among Berry Farm Workers, Seth M. Holmes Phd, Md

Seth M. Holmes PhD, MD

No abstract provided.

Flag Waving As Visual Argument: 2006 Immigration Demonstrations And Cultural Citizenship, Richard D. Pineda

Richard D. Pineda

During the 2006 immigration rallies and demonstrations, hundreds of thousands of immigrants and their supporters tumed out to protest proposed immigration legislation. Flag waving was a key element of these demonstrations, in which participants employed both the U.S. flag and other national flags, most prominently Mexican flags. In this essay, we examine how flag waving functions as a visual argument that offers possibilities for establishing cultural and national citizenship and creating a visual form of refutation. Specifically, we argue that anti-immigration advocates see foreign flags as visual ideographs that represent recent immigrants' failure to assimilate, immigrants' deviant cultural practices, and …

Post-Deportation Human Rights Law: Aspiration, Oxymoron Or Necessity?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Soldiers And Wayward Women: Gendered Citizenship, And Migration Policy In Argentina, Italy, And Spain Since 1850, David Cook-Martín

David Cook-Martín

Policies that regulate peoples international movement and their state membership have historically made distinctions based on perceived sexual differences, but little is known about the process by which this has happened. This paper explores how and with what consequences migration and nationality policies have been gendered in two quintessential countries of emigration (Italy and Spain), and in a country of immigrants (Argentina) over a 150-year period. I argue that these migration and nationality policies have reflected the dynamics of the political fields in which they have been crafted. Especially before the Great War, laws and official practices that showed a …

Parce Qu'ils Sont Plus Pres Sol: L'Invisibilisation De La Souffrance Sociale Des Cueilleurs De Baies, Seth M. Holmes Phd, Md

Seth M. Holmes PhD, MD

No abstract provided.

An Ethnographic Study Of The Social Context Of Migrant Health In The United States, Seth M. Holmes Phd, Md

Seth M. Holmes PhD, MD

Background

Migrant workers in the United States have extremely poor health. This paper aims to identify ways in which the social context of migrant farm workers affects their health and health care.

Methods and Findings

This qualitative study employs participant observation and interviews on farms and in clinics throughout 15 months of migration with a group of indigenous Triqui Mexicans in the western US and Mexico. Study participants include more than 130 farm workers and 30 clinicians. Data are analyzed utilizing grounded theory, accompanied by theories of structural violence, symbolic violence, and the clinical gaze. The study reveals that farm …

Aliens Amok: Men In Black Policing Subjectivity Onscreen.Pdf, Kirby Farrell

kirby farrell

International Migration And Sovereignty Reinterpretation In Mexico, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

Recent developments in Mexico's doctrine of non-intervention suggest that national experiences with migrant-sending influence how sovereignty concepts are applied in domestic law. Based on the concept of international sovereignty and included in Mexico's Constitution Article 89:X, the international law norm of non-intervention prohibits a country's foreign relations from interfering in another country's domestic affairs. With traditional sovereignty reasoning, the norm of non-intervention prohibited Mexico from having a foreign policy on its migrants in the US, because the issue intervened in US jurisdiction; such a policy would violate the norm and international sovereignty.

This essay's central claim is that recent developments …

Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes

Enid F. Trucios-Haynes

No abstract provided.

Sorry, But It's The Law: The Westernization Of Islam, Gwendolyn Yvonne Alexis

Gwendolyn Yvonne Alexis

The last quartile of the 20th Century vastly changed the religio-cultural landscape of the West. Previously the stronghold of Christianity, the West has entered into a period of deep diversity as a result of the unprecedented level of migration of non-Western, non-Christian peoples to western destinations. These new immigrants, with their foreign cultures and unfamiliar religions, came westward with the full expectation that they--like the diverse array of Christian emigrants who migrated westward decades before--would fully enjoy religious liberty in nations long heralded for their commitment to democratic principles and respect for civil rights. How are these immigrants faring on …

La Colonizacion Brasilera En La Region Oriental Del Paraguay, Robert Andrew Nickson

Robert Andrew Nickson

This book chapter analyses the origin and growth of Brazilian migration to the eastern border region of Paraguay from the 1960s through to the late 1970s with special attention to the associated growth of commercial agriculture, especially soybean, for export to the world market.

Politics Or Economics? International Migration During The Nicaraguan Contra War, Jennifer H. Lundquist, Douglas Massey

Dr. Jennifer H. Lundquist

The issue of whether Central Americans in the United States are ‘ political ’ or ‘economic’ migrants has been widely debated, yet little empirical research has informed the controversy. Earlier studies have relied primarily on cross-sectional aggregate data. In order to overcome these limitations we draw on recent surveys conducted in five Nicaraguan communities by the Latin American Migration Project. Using retrospective data, we reconstruct a history of a family’s migration to the United States and Costa Rica from the date of household formation to the survey date and link these data to national-level data on GDP and Contra War …

Legislative Terrorism: A Primer For The Non-Islamic State; Secularism And Different Believers, Gwendolyn Yvonne Alexis

Gwendolyn Yvonne Alexis

In industrial societies where civil law and state institutions have become well-established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a …

The Single-Issue Party Thesis: Extreme Right Parties And The Immigration Issue, Cas Mudde

Cas Mudde

This article examines the single-issue party thesis for the specific case of contemporary extreme right parties (ERPs) and the immigration issue. I define the single-issue party as (l) having an electorate with no particular social structure; (2) being supported predominantly on the basis of one single issue; (3) lacking an ideological programme; and (4) addressing only one all-encompassing issue. On the basis of a comprehensive analysis of electoral studies and party literature the single-issue party thesis is rejected on all counts. At best, immigration has been a catalyst for most ERPs in certain periods of time. Their ideology and broader …

Malthusian World(S): Globalization, Race And The American Imaginary In The Immigration Debates Of The Twentieth Century, Ronald Walter Greene

Ronald Walter Greene

No abstract provided.