Law Commons^™

The Unsigned United Nations Migrant Worker Rights Convention: An Overlooked Opportunity To Change The Brown Collar Migration Paradigm, Beth Lyon

Working Paper Series

The United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (Migrant Worker Convention or Convention) is one of the United Nations' nine core human rights treaties. The United States has neither signed nor ratified the treaty. Despite various reports and articles assessing potential ratification of the Convention by European and other countries, and an even more robust literature examining potential U.S. ratification of other UN core human rights treaties, there has been no examination of the potential for U.S. ratification of this Convention.

The Convention is the most comprehensive global attempt …

Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele R. Pistone, John J. Hoeffner Esq.

Working Paper Series

Immigration inspectors are authorized to deport persons who arrive at U.S. ports without valid travel documents. This process, which usually occurs within 48 hours and does not allow for judicial review, is called expedited removal. This article begins by summarizing the findings of the few studies allowed access to the process. The authors extrapolate from the studies to demonstrate that thousands of genuine asylum seekers have erroneously been deported via expedited removal. The greatest cause of erroneous deportation is a failure by the agency responsible for the process, Customs and Border Protection (CBP), to follow its own rules. The heart …

The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo

Working Paper Series

This article addresses an urgent humanitarian crisis affecting unaccompanied or abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households. Such women and children suffer the consequences of the post-9/11 U.S. refugee resettlement backlog more severely than the general refugee population. They are far more at risk of life-threatening harm such as trafficking, sexual exploitation and rape. Moreover, they are far less likely to present a threat to U.S. national security than many people who are able to secure visas to the United States quickly and with fewer background checks. Despite their vulnerability and lack of …