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Articles 1 - 8 of 8
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Less Enforcement, More Compliance, Emily Ryo
Less Enforcement, More Compliance, Emily Ryo
Emily Ryo
A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law—any law—in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. Drawing on original empirical data, this Article examines unauthorized immigrants and their relationship to the law from a novel perspective to make two major contributions. First, I demonstrate that unauthorized immigrants view themselves and their noncompliance with U.S. immigration law in a manner that is strikingly different from the prevalent view of criminality and lawlessness found in popular and …
A Criminal’S Path To The American Dream: Extradition As A Drug Enforcement Policy Tool, Laura A. Gavilan
A Criminal’S Path To The American Dream: Extradition As A Drug Enforcement Policy Tool, Laura A. Gavilan
Laura A Gavilan
This article explores a little-known avenue of immigration to the United States: the path that criminals from other nations embark on when they are extradited to the United States and, through cooperation agreements with law enforcement, are able to obtain immigration benefits and legal status. To illustrate this phenomenon, this article outlines the case of the United States’ war on drugs, which has led to the extradition of hundreds of Colombian drug traffickers and paramilitary leaders to the United States during the past two decades. While many of these extradited individuals have been deported back to Colombia after fulfilling their …
A Criminal’S Path To The American Dream: Extradition As A Drug Enforcement Policy Tool, Laura A. Gavilan
A Criminal’S Path To The American Dream: Extradition As A Drug Enforcement Policy Tool, Laura A. Gavilan
Laura A Gavilan
This article explores a little-known avenue of immigration to the United States: the path that criminals from other nations embark on when they are extradited to the United States and, through cooperation agreements with law enforcement, are able to obtain immigration benefits and legal status. To illustrate this phenomenon, this article outlines the case of the United States’ war on drugs, which has led to the extradition of hundreds of Colombian drug traffickers and paramilitary leaders to the United States during the past two decades. While many of these extradited individuals have been deported back to Colombia after fulfilling their …
Montes-Lopez V. Holder: Applying Eldridge To Ensure A Per Se Right To Counsel For Indigent Immigrants In Removal Proceedings, Soulmaz Taghavi
Montes-Lopez V. Holder: Applying Eldridge To Ensure A Per Se Right To Counsel For Indigent Immigrants In Removal Proceedings, Soulmaz Taghavi
Soulmaz Taghavi
Part I of this Comment reviews the historical and current state of procedural due process and its role in Immigration Law, specifically removal proceedings. Part II extends certain legal arguments in the opinion of Montes-Lopez v. Holder, which held among divided federal Circuit Courts that an immigrant in removal proceedings has a statutory and constitutional right to appointed counsel. Last, Part III demonstrates how a non-citizen in deportation hearing has a per se right to counsel outlined by the Immigration and Nationality Act (INA) and brought to life by the Fifth Amendment’s due process clause.
The Case For Mexican Asylum Seekers Fleeing Cartel Violence, Perry B. Nava
The Case For Mexican Asylum Seekers Fleeing Cartel Violence, Perry B. Nava
Perry B Nava
The number of Mexican immigrants filing for asylum in the United States is on the rise as cartel violence affects more people each year. The perceived increase in cartel-related, violent crime is displacing people similar to how a war forces displaced refugees out of a country; but the United States is not accepting a great majority of the applications for asylum. This paper explores the more broadly applicable law that protects persecuted people; some of the issues that have simultaneously contributed to increased migration to the United States and aggressive expansion by the drug cartels; the result of the application …
The Shelters In Israel For Survivors Of Human Trafficking, Daphna Hacker
The Shelters In Israel For Survivors Of Human Trafficking, Daphna Hacker
Daphna Hacker
No abstract provided.
Business As Usual Immigration And The National Security Exception, Shoba S. Wadhia
Business As Usual Immigration And The National Security Exception, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
Javaid Iqbal is a native and citizen of Pakistan and a Muslim. After moving to the United States, Iqbal worked as a cable television installer on Long Island. Iqbal was one among hundreds of men apprehended and detained by the United States Department of Justice in the weeks that followed the September 11, 2001 attacks. Iqbal was held in a federal prison in Brooklyn, New York called the Metropolitan Detention Center (MDC), for more than one year. In January 2002, Iqbal was transferred to the maximum security section of the jail known as the Administrative Maximum Special Housing Unit (ADMAX …
What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo
What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo
Marisa S. Cianciarulo
Sex trafficking has proven particularly immune to attempts to eradicate it. One reason may be that some types of demand will always be illegal and thus always vulnerable to trafficking, such as violent sex or sex with minors. Another reason, however, and the one that is the subject of this article, is the lack of cohesive policy on one of the main issues surrounding trafficking: consent. As discussed below, conflicting perspectives on the nature of consent have impeded the development of effective anti-trafficking efforts. One of the main debates plaguing efforts to eliminate sex trafficking involves the definition of the …