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Full-Text Articles in Law
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
Seattle University Law Review
On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …
Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar
Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar
Daniel Kanstroom
The topic of 'illegal' immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the often ill-defined epithet of human 'illegality' has figured prominently in the media; in vigorous public debates at the national, state, and local levels; and in presidential campaigns. In this collection of essays, contributors from a variety of disciplines - anthropology, law, political science, religious studies, and sociology - examine how immigration law shapes immigrant illegality, how the concept of immigrant illegality is deployed and lived, …
Increase Quota, Invite Opportunities, Improve Economy: An Examination Of The Educational And Employment Crisis Of Undocumented Immigrants And Individuals From Abroad, Brittany Fink
Brittany Fink
No abstract provided.
Enhancing Human Rights Through European Integration: How Recent Litigation Before The European Court Of Human Rights And The Court Of Justice Of The European Union Has Advanced European Aslyum Law, Clara Presler
Clara Presler
Recent case law from the two European courts charged with protecting human rights -- the European Court of Human Rights and the Court of Justice for the European Union -- reveals mutual influence that has enhanced protection of asylum seekers. The two courts’ willingness to engage in the other’s legal reasoning has resulted in rapid development in the areas of eligibility for asylum protection, detention of asylum seekers, and the Dublin II Regulation. This interplay has occurred despite the fact that the courts are not formally bound to each other, and each employs different procedures, mandates, and substantive law. In …
The Supreme Court Of Canada's Decision In Ezokola And The Harmonisation Of Article 1f(A) Of The Convention On The Status Of Refugees With International Criminal Law, Alan W. Freckelton
The Supreme Court Of Canada's Decision In Ezokola And The Harmonisation Of Article 1f(A) Of The Convention On The Status Of Refugees With International Criminal Law, Alan W. Freckelton
Alan W Freckelton
Canadian appellate courts have historically taken a very wide view of when there are “serious reasons to believe” that a person has committed the kinds of offences envisaged by Article 1F(a) of the Convention. In particular, they have taken the view that, in some cases at least, mere membership of a particular group is sufficient to exclude a person from protection under the Convention. However, in Ezokola v Canada (Citizenship and Immigration) the Supreme Court has attempted to reconcile the requirements for responsibility for war crimes and crimes against humanity at international criminal law, and the requirements for exclusion under …
Sosa V. Alvarez-Machain: Upholding The Alien Tort Claims Act While Affirming American Exceptionalism, David C. Baluarte
Sosa V. Alvarez-Machain: Upholding The Alien Tort Claims Act While Affirming American Exceptionalism, David C. Baluarte
David Baluarte
No abstract provided.
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Bruno PS Van Eck
The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant …
Reclassifying "Terrorists" As Victims: Integrating Terrorism Analysis Into The Particular Social Group Framework Of Asylum, Emily Naser-Hall
Reclassifying "Terrorists" As Victims: Integrating Terrorism Analysis Into The Particular Social Group Framework Of Asylum, Emily Naser-Hall
Emily Naser-Hall
After the September 11th terrorist attacks at the hands of al-Qaeda operatives who slipped through the cracks of the US immigration system, immigration and asylum law became increasingly focused on ensuring that potential terrorists are not allowed into the United States. The USA PATRIOT Act and its subsequent legislation created what has become an unyielding bar to admission for any individual who is a member of a terrorist organization or who has committed terrorist activities. While the terrorism bar developed in response to real or perceived threats to US national security and has recently regained public light with the trial …
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Geoffrey Heeren
Non-citizens have fared best in recent Supreme Court cases by piggybacking on federal rights when the actions of states are at issue, or by criticizing agency rationality when federal action is at issue. These two themes-federalism and agency skepticism-have proven in recent years to be more effective litigation frameworks than some individual rights-based theories like equal protection. This marks a substantial shift from the Burger Court era, when similar cases were more likely to be litigated and won on equal protection than on preemption or Administrative Procedure Act theories. This Article describes this shift, considers the reasons for it, and …
The Corrupting Influence Of The United States On A Vulnerable Intercountry Adoption System: A Guide For Stakeholders, Hague And Non-Hague Nations, Ngos, And Concerned Parties, David M. Smolin
David M. Smolin
This article provides an extensive analysis of the corrupting influence of the United States on the development and present workings of the intercountry/international adoption system. A context for this corrupting influence is provided through a careful analysis of the theoretical and practical vulnerabilities of the intercountry adoption system. The distinctive approaches of the United States to social work, adoption, human rights, children's rights, constitutional law and humanitarian intervention also provides careful analysis. The article is designed to be practical in providing both a clear guide to those interested in reforming the United States' approach to intercountry adoption and related matters, …