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Articles 1 - 30 of 5935
Full-Text Articles in Law
Evaluation Of Us Immigration Policies For Technology Professionals, Angel Contreras Cruz
Evaluation Of Us Immigration Policies For Technology Professionals, Angel Contreras Cruz
Student Research Symposium
The U.S. Immigration System is complex for technology professionals seeking to relocate to the United States for employment or education. The United States relies on its employment-based immigration to attract and select the best talent to fill the shortage of skilled jobs. Technology professionals, a stream of highly skilled immigrants, tend to contribute and be more beneficial to the U.S. economy, which is one of the principles of U.S. immigration policies. Although U.S. immigration policies are constantly updating, policymakers, experts, and scholars suggest that the United States needs significant immigration reform to solve current issues, such as improving technological capabilities …
The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics, Rachel F. Moran
The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics, Rachel F. Moran
Faculty Scholarship
In 2016, the U.S. Supreme Court decided Evenwel v. Abbott, a case challenging the use of total population in state legislative apportionment as a violation of the Equal Protection Clause. The plaintiffs sued Texas, alleging that the State impermissibly diluted their voting power because they lived in areas with a high proportion of voting-age citizens. When total population was used to draw district lines, the plaintiffs had to compete with more voters to get their desired electoral outcomes than was true for voters in districts with low proportions of voting-age citizens. The Court rejected the argument, finding that states enjoy …
Off The Marques: An Exploration Of Arbitrariness In Immigration Law Through Marques V. Lynch, Patrick Fields
Off The Marques: An Exploration Of Arbitrariness In Immigration Law Through Marques V. Lynch, Patrick Fields
Mississippi College Law Review
Ronaldo de Lima Marques appeared to hit the jackpot. He paid a United States citizen to marry him, submitted immigration paperwork on the basis of that fraudulent marriage, and waited. His goal: become a permanent resident of the United States; stay in the country as long as he pleased; perhaps become a U.S. citizen. He succeeded. On September 9, 2006, Mr. Marques received authority from the United States government to make this country his permanent home. He did it. He hoodwinked the system.
His days of peace, however, were limited. Despite an initial failure to detect his sham marriage, the …
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
RWU Law
No abstract provided.
Domino Effect: How Scalia Lives On Through The Controversial Texas Immigration Law And Which States Are Itching To Pull The Trigger, Kristin Hommel
Domino Effect: How Scalia Lives On Through The Controversial Texas Immigration Law And Which States Are Itching To Pull The Trigger, Kristin Hommel
Immigration Law Blog
This article examines Texas’s immigration enforcement law, SB 4, and the Supreme Court’s surprising ruling overturning the injunction which prohibited its enforcement. This article posits that SB 4 is by no means a “lone wolf,” but rather is the latest in a series of state laws which seek, quietly or boldly, to take immigration into the state’s hands.
The "Free White Person" Clause Of The Naturalization Act Of 1790 As Super-Statute, Gabriel J. Chin, Paul Finkelman
The "Free White Person" Clause Of The Naturalization Act Of 1790 As Super-Statute, Gabriel J. Chin, Paul Finkelman
William & Mary Law Review
A body of legal scholarship persuasively contends that some judicial decisions are so important that they should be considered part of the canon of constitutional law including, unquestionably, Marbury v. Madison and Brown v. Board of Education. Some decisions, while blunders, were nevertheless profoundly influential in undermining justice and the public good. Scholars call cases such as Dred Scott v. Sandford and Plessy v. Ferguson the anticanon. Recognizing the contemporary centrality of statutes, Professors William Eskridge and John Ferejohn propose that certain federal laws should be recognized as part of legal canon because of their extraordinary influence and duration. These …
Creating A Racialized Liminal Status: The 1790 Act And Interstitial Citizenship, Rose Cuison-Villazor
Creating A Racialized Liminal Status: The 1790 Act And Interstitial Citizenship, Rose Cuison-Villazor
William & Mary Law Review
This Comment began with De La Ysla’s case to highlight the political status that Filipinos held when the Philippines was a U.S. territory. This Comment argues that this status, which a court would later describe as a “hybrid status ... the so-called ‘non-citizen national,’” was a racialized liminal political status with roots in the 1790 Naturalization Act (1790 Act). Professors Jack Chin and Paul Finkelman claim that the 1790 Act played a critical role in shaping “the very composition of the people of the United States” by including the “free white person” clause in the country’s first naturalization law. One …
Afterward: A Reply To Commentators, Gabriel J. Chin, Paul Finkelman
Afterward: A Reply To Commentators, Gabriel J. Chin, Paul Finkelman
William & Mary Law Review
Authors Gabriel J. Chin and Paul Finkelman respond to the comments on their article, The "Free White Person" Clause of the Naturalization Act of 1790 as Super-Statute.
Paradoxical Citizenship, Amanda Frost
Paradoxical Citizenship, Amanda Frost
William & Mary Law Review
In their article, The “Free White Person” Clause of the Naturalization Act of 1790 as Super-Statute, Gabriel J. Chin and Paul Finkelman make a powerful case that the Naturalization Act of 1790 is a “super-statute” that has shaped not only U.S. immigration law and policy, but also America’s conception of itself as a “White nation.”
[...]
This Comment explores the conflict between the Naturalization Act’s racial restrictions on citizenship (and its proponents’ vision of the United States as a White nation) and the Fourteenth Amendment’s Citizenship Clause (and its proponents’ vision of the United States as a multiracial …
Congress's Untapped Authority To Certify U Visas, Elora Mukherjee, Fatma Marouf, Sabrineh Ardalan
Congress's Untapped Authority To Certify U Visas, Elora Mukherjee, Fatma Marouf, Sabrineh Ardalan
Faculty Scholarship
A crucial path to legal status for immigrant victims of crimes is the U visa, which Congress established with strong bipartisan support to protect victims of particular crimes who are helpful to law enforcement. Because the U visa was intended to encourage reporting of crimes, the application requires a certification form to be completed by a federal, state, or local authority that is investigating or prosecuting the alleged offense. Arbitrary and inconsistent certification decisions by state and local authorities make it especially important to identify relevant federal authorities that can serve as certifying authorities for U visas. This Piece argues …
Manufactured State Immigration Emergencies As State Vigilantism, Kate Huddleston
Manufactured State Immigration Emergencies As State Vigilantism, Kate Huddleston
Texas A&M Law Review
President Trump shattered norms when he declared a national emergency at the U.S.–Mexico border to build a border wall. State governors have now followed that lead in taking up what Justice Jackson, dissenting in Korematsu v. United States (1944), called the “loaded weapon” of emergency—doing so, like Trump, in the context of the border. Governors of Texas, Arizona, and Florida have all issued state declarations of emergency based on (1) migration, and (2) the Biden administration’s purported failure to engage in immigration enforcement. These state emergency declarations have not been studied or even identified in legal literature as a state …
Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee
Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee
Brooklyn Law Review
Asylum applicants must tell a story about their home country that reduces and problematizes its culture. The requirements of asylum law demand that an applicant show why they will suffer persecution in their home country and that their government will not protect them from it. This legal framework prompts applicants to present a narrative in which their home culture plays the role of the ultimate antagonist, the force that propels the applicant’s persecutors to single them out for harm and renders their government passive—or even complicit—in the face of it. Such a narrative necessarily reduces the applicant’s culture to its …
Mass Surrender In Immigration Court, Michael Kagan
Mass Surrender In Immigration Court, Michael Kagan
UC Irvine Law Review
In theory, the Department of Homeland Security bears the burden of proof when it seeks to deport a person from the United States. But the government rarely has to meet it. This Article presents original data from live observation in Immigration Court, documenting that almost all respondents in deportation proceedings admit and concede the charges against them, even when they have attorneys, without getting anything in return from the government. Focusing especially on the role of immigrant defense lawyers, the Article explores why this is happening. It critiques the legal standards of proof used in Immigration Court, while also exploring …
Designing Sanctuary, Rick Su
Designing Sanctuary, Rick Su
Michigan Law Review
In recent decades, a growing number of cities in the United States have adopted “sanctuary policies” that limit local participation in federal immigration enforcement. Existing scholarship has focused on their legality and effect, especially with respect to our nation’s immigration laws. Largely overlooked, however, is the local process through which sanctuary policies are designed and the reasons why cities choose to adopt them through city ordinances, mayoral orders, or employee handbooks. This Article argues that municipal sanctuary policies are far from uniform, and their variation reflects the different local interests and institutional actors behind their adoption and implementation. More specifically, …
In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough
In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough
Michigan Law Review
Puerto Rico is an uncomfortable reminder of the democratic deficits within the world’s oldest constitutional democracy. Puerto Ricans are U.S. citizens who live in a U.S. territory that is subject to the plenary authority of Congress, to which they cannot elect voting members. In 2022, under unified Democratic control for the first time in a decade, Congress considered the Puerto Rico Status Act, legislation that would finally decolonize Puerto Rico. The Status Act offered Puerto Rican voters three alternatives to the colonial status quo—statehood, independence, or sovereignty in free association—and committed Congress to implementing whichever alternative won majority support from …
Peripheral Detention, Transfer, And Access To The Courts, Jessica Rofé
Peripheral Detention, Transfer, And Access To The Courts, Jessica Rofé
Michigan Law Review
In the last forty years, immigration detention in the U.S. has grown exponentially, largely concentrated in the southern states and outside of the country’s metropoles. In turn, federal immigration officials routinely transfer immigrants from their communities to remote jails and prisons hundreds, if not thousands, of miles away, often in jurisdictions where the law is more favorable to the government. These transfers are conducted without notice or process and frequently occur on weekends or in the predawn hours, when offices are closed and interested parties are lucky to access voicemail.
Federal immigration officials’ use of peripheral detention and transfer significantly …
From Precedent To Policy: The Effects Of Dobbs On Detained Immigrant Youth, Ciera Phung-Marion
From Precedent To Policy: The Effects Of Dobbs On Detained Immigrant Youth, Ciera Phung-Marion
Washington Law Review
In June 2022, the United States Supreme Court released the historic decision Dobbs v. Jackson Women’s Health Organization, holding that the U.S. Constitution does not protect an individual’s right to an abortion. Dobbs overturned many cases, including J.D. v. Azar, which previously protected abortion rights for unaccompanied migrant youth in federal detention facilities. Post-Dobbs, the Office of Refugee Resettlement (ORR)—the agency responsible for caring for detained immigrant children—still protects abortion rights as part of its own internal policy. Without judicial precedent, however, this policy lacks the stability to truly protect the rights of the children in its …
Misrepresentations In Labor Trafficking: State Laws As An Alternative Theory Of Liability For Recruiters, Hannah Garvin
Misrepresentations In Labor Trafficking: State Laws As An Alternative Theory Of Liability For Recruiters, Hannah Garvin
Georgia State University Law Review
When addressing labor trafficking of migrants, the focus is typically on prosecuting the traffickers directly involved in obtaining a victim’s labor, but traffickers cannot exploit labor without victims. Research has shown that recruiters, both those intending to provide labor traffickers with victims and those who have no knowledge of the subsequent exploitation perpetrated by the supposed employer, often misrepresent job opportunities to migrants. Both types of recruiters profit off of the exploitation of migrants and ultimately continue to propagate labor trafficking. To effectively deter trafficker-recruiters and ensure independent recruiters are acting ethically, an all-encompassing method of accountability needs to be …
The United States Must Reform Its Laws To Eradicate Female Genital Mutilation, Kelly Schweikert
The United States Must Reform Its Laws To Eradicate Female Genital Mutilation, Kelly Schweikert
Immigration and Human Rights Law Review
No abstract provided.
The Interconnectedness Of The Classroom To The Health Of Black Men Who Have Sex With Men, Travis Hardee
The Interconnectedness Of The Classroom To The Health Of Black Men Who Have Sex With Men, Travis Hardee
Immigration and Human Rights Law Review
The human right to education and health are inherently interrelated, both key in ensuring the health and development of an equitable and just society.1 Yet, the series of bills currently threatening the inclusion of essential conversations about race, sexuality, and sexual orientation is an overt attempt to obscure the honest history of the United States and further supplant the current social hierarchy. The United States’ failure to acknowledge the essential role representational education plays in undermining the disparate outcomes that afflict vulnerable communities in the country deserves more attention than it has garnered. Here, the disparate health status of Black …
Anti-Abortion Authoritarianism: The Rise Of Restriction On Voting Rights And Free Speech Post-Dobbs, Emma Kalucki
Anti-Abortion Authoritarianism: The Rise Of Restriction On Voting Rights And Free Speech Post-Dobbs, Emma Kalucki
Immigration and Human Rights Law Review
Following the Dobbs v. Jackson Women’s Health Organization decision, state governments have individually addressed abortion rights through legislation. Many Republican controlled state legislators have taken extreme authoritarian and harsh measures to push anti-abortion legislation; however, these measures, while addressing abortion rights, heavily infringe on basic human rights guaranteed to the American people. More specifically, the proposed amendment to Ohio’s State Constitution in August 2023 violated Ohioan’s essential voting rights and Idaho’s No Public Funds for Abortion Act blatantly infringes upon public university professor’s First Amendment freedom of speech.
False Promises Of Protection: Town Of Castle Rock V. Gonzales And The Supreme Court’S Failure To Protect Human Rights, Kylie Rhoton
False Promises Of Protection: Town Of Castle Rock V. Gonzales And The Supreme Court’S Failure To Protect Human Rights, Kylie Rhoton
Immigration and Human Rights Law Review
No abstract provided.
Italian And Eu Funding Of The Libyan Coast Guard: How Italian External Border Immigration Policies Have Created Crimes Against Humanity, Public Ignorance, And Legal Accountability Issues, Andrea Beck
Immigration and Human Rights Law Review
No abstract provided.
287(G): Ice Deputizing Local Law Enforcement Harms Migrants And Local Communities, Charles Powers
287(G): Ice Deputizing Local Law Enforcement Harms Migrants And Local Communities, Charles Powers
Immigration and Human Rights Law Review
Section 287(g) of the Immigration and Nationality Act authorizes the United States Immigration and Customs Enforcement (ICE) to form agreements with local law enforcement departments; deputizing them for ICE’s objectives while they continue to serve their local municipalities. This program has resulted in racial profiling, the stripping of liberties, and wrongful detentions. In recent years, municipalities have signed 287(g) agreements at a staggering rate. The UN Committee on the Elimination of Racial Discrimination issued a report pleading for the US to end this practice, yet there seems to be no end in sight. In this essay, I hope to explain …
Barriers At The Border: The Impact Of United States Immigration Policy On Multi-Host Sporting Events, Phoebe Cooper
Barriers At The Border: The Impact Of United States Immigration Policy On Multi-Host Sporting Events, Phoebe Cooper
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Changemakers: Juris Doctorate: Saad Ahmad: Immigration Lawyer Saad Ahmad L'00 Shows That Appellate Practice Isn't Just For Large Firms, Roger Williams University School Of Law
Changemakers: Juris Doctorate: Saad Ahmad: Immigration Lawyer Saad Ahmad L'00 Shows That Appellate Practice Isn't Just For Large Firms, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
From Improper Care To Inadequate Remedies: Continued Discriminatory Treatment Of Migrant Women In The United States Healthcare System, Hannah Finch
Immigration Law Blog
No abstract provided.
Climate Change And The Future Of Immigration, Rebekah Johnson
Climate Change And The Future Of Immigration, Rebekah Johnson
Immigration Law Blog
No abstract provided.
Migrant Children And Legislation: Integrating Knowledge About Trauma Into Policy, Yolennys E. Albornoz
Migrant Children And Legislation: Integrating Knowledge About Trauma Into Policy, Yolennys E. Albornoz
Dissertations, Theses, and Capstone Projects
This study seeks to integrate some knowledge about trauma into migration policies in the U.S. regarding children. Migration is not a novel concept; it is a dynamic phenomenon that experiences continuous changes and constantly increases in numbers. Globally, the United States has been the primary destination for foreign migrants for a long time, and most of them are Latinos who cross the U.S. and Mexico border. Here, I explore how children face trauma in their home country, which forces them to migrate. Also, while they migrate and after they have migrated, exposing the three stages of trauma for migrant children. …
Reparative Citizenship, Amanda Frost
Reparative Citizenship, Amanda Frost
William & Mary Law Review
The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War to the Tuskegee syphilis experiments. Yet the nation has never considered reparations for 150 years of discriminatory immigration and citizenship policies that excluded millions based on race, gender, and political opinion—including some who are alive today. This Article argues that the United States can atone for these transgressions by granting “reparative citizenship” to those individuals and their descendants, following the lead of several European countries who have recently provided such relief for those wrongly expelled or excluded in …