Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (7)
- St. Mary's University (4)
- Golden Gate University School of Law (2)
- Maurer School of Law: Indiana University (2)
- Pepperdine University (2)
-
- University of the District of Columbia School of Law (2)
- American University Washington College of Law (1)
- James Madison University (1)
- Marquette University Law School (1)
- Mitchell Hamline School of Law (1)
- Seattle University School of Law (1)
- St. John's University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Cincinnati College of Law (1)
- University of Massachusetts School of Law (1)
- University of Miami Law School (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- The Scholar: St. Mary's Law Review on Race and Social Justice (4)
- Golden Gate University Law Review (2)
- Journal of the National Association of Administrative Law Judiciary (2)
- Michigan Journal of Race and Law (2)
- University of Michigan Journal of Law Reform (2)
-
- University of the District of Columbia Law Review (2)
- Human Rights Brief (1)
- Immigration and Human Rights Law Review (1)
- Indiana Journal of Global Legal Studies (1)
- Indiana Law Journal (1)
- Marquette Law Review (1)
- Michigan Journal of International Law (1)
- Michigan Law Review (1)
- Michigan Law Review First Impressions (1)
- Mitchell Hamline Law Review (1)
- Seattle Journal for Social Justice (1)
- St. John's Law Review (1)
- Touro Law Review (1)
- University of Massachusetts Law Review (1)
- University of Miami Inter-American Law Review (1)
- VA Engage Journal (1)
- William & Mary Journal of Race, Gender, and Social Justice (1)
Articles 1 - 30 of 30
Full-Text Articles in Law
Having Decency Towards Immigrants Requires The Abolition Of For-Profit Detention Centers, Ariadna Quinares Navarrete
Having Decency Towards Immigrants Requires The Abolition Of For-Profit Detention Centers, Ariadna Quinares Navarrete
Seattle Journal for Social Justice
No abstract provided.
The Suspension Clause After Department Of Homeland Security V. Thuraissigiam, Jonathan Hafetz
The Suspension Clause After Department Of Homeland Security V. Thuraissigiam, Jonathan Hafetz
St. John's Law Review
(Excerpt)
In June 2020, in Department of Homeland Security v. Thuraissigiam, the Supreme Court of the United States rejected a constitutional challenge to Congress’s decision to eliminate habeas corpus jurisdiction over legal challenges to expedited removal orders by noncitizens in federal detention.
In Thuraissigiam, U.S. border patrol stopped the petitioner, Vijayakumar Thuraissigiam, a Sri Lankan national of Tamil ethnicity, shortly after he crossed the U.S.-Mexico border without inspection or an entry document. The petitioner asserted that he was fleeing persecution in his home country and sought asylum in the United States. The asylum officer concluded that Thuraissigiam had …
Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama
Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama
University of Miami Inter-American Law Review
For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced labor and sexual slavery. This article focuses on State responsibility for migrant populations and analyzes conditions in Venezuela that caused a massive migration, the conditions in Colombia as a host State, the uncertain status of Venezuelan migrants in Colombia, and human trafficking and its impact on the migrant population.
The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson
The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson
The Scholar: St. Mary's Law Review on Race and Social Justice
Unaccompanied minors arrive at the United States border every day. Many brought by the hope of finding a life lived without fear, a luxury many United States citizens take for granted. Their truths become the barriers and shackles which keep them in detention centers and unaccompanied minor facilities throughout the United States; children find their very words wielded as weapons against them in immigration court. Words often spoken to therapists in perceived confidence, during counseling sessions. This practice is a systemic failure to protect unaccompanied minors arriving at our borders who are seeking protection and help. The United States …
Jail By Another Name: Ice Detention Of Immigrant Criminal Defendants On Pretrial Release, Kerry Martin
Jail By Another Name: Ice Detention Of Immigrant Criminal Defendants On Pretrial Release, Kerry Martin
Michigan Journal of Race and Law
This Article assesses the legality of an alarming practice: Immigration and Customs Enforcement (ICE) routinely detains noncitizen criminal defendants soon after they have been released on bail, depriving them of their court-ordered freedom. Since the District of Oregon’s decision in United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or. 2012), a growing group of federal courts has held that when ICE detains federal criminal defendants released under the Bail Reform Act (BRA), it violates their BRA rights. These courts have ordered that the government either free the defendants from ICE custody or dismiss their criminal charges. This …
Protecting The Flores And Hutto Settlements: A Look At The History Of Migrant Children Detention And Where Immigration Policies Are Headed, Megan Kauffman
Protecting The Flores And Hutto Settlements: A Look At The History Of Migrant Children Detention And Where Immigration Policies Are Headed, Megan Kauffman
Immigration and Human Rights Law Review
The Flores and Hutto settlement agreements established basic standards the government must meet when detaining minor children. This comment discusses the history and importance of the Flores and Hutto agreement and the current administration’s attempt to limit and circumvent both agreements.
Who Is A Refugee?: Twenty-Five Years Of Domestic Implementation And Judicial Interpretation Of The 1969 Oaw And 1951 Un Refugee Conventions In Post-Apartheid South Africa, Tiyanjana Maluwa, Anton Katz
Who Is A Refugee?: Twenty-Five Years Of Domestic Implementation And Judicial Interpretation Of The 1969 Oaw And 1951 Un Refugee Conventions In Post-Apartheid South Africa, Tiyanjana Maluwa, Anton Katz
Indiana Journal of Global Legal Studies
As a party to the UN Refugee Convention and the OAU Refugee Convention, South Africa is obligated to apply international refugee law when addressing the protection needs of asylum seekers in the country. The Refugees Act, 1998 encapsulates the cardinal principles of the two conventions. This essay discusses how government officials and judges have interpreted and applied these principles in asylum application cases. These cases demonstrate that officials are either not always fully conversant with the legal obligations, incumbent upon the government, arising from both international law and domestic law or purposefully ignore them. For the most part, officials tend …
Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo
Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Indiana Law Journal
For-profit, civil immigration detention is one of this nation’s fastest growing industries. About two-thirds of the more than 50,000 people in the civil custody of federal immigration authorities find themselves at one point or another in a private, corporate-run prison that contracts with the federal government. Conditions of confinement in many of these facilities are dismal. Detainees have suffered from untreated medical conditions and endured months, in some cases years, of detention in environments that are unsafe and, at times, violent. Some have died. Yet, the spaces are largely unregulated. This Article exposes and examines the absence of a constitutional …
Ice Detention Contracts, Third-Party Beneficiary Suits, And Private Contracts In Immigrant Detention, Patrick Kennedy
Ice Detention Contracts, Third-Party Beneficiary Suits, And Private Contracts In Immigrant Detention, Patrick Kennedy
Marquette Law Review
none.
The Intersection Of Race, Bond, And "Crimmigration" In The United States Immigration Detention System, Tremaine Hemans
The Intersection Of Race, Bond, And "Crimmigration" In The United States Immigration Detention System, Tremaine Hemans
University of the District of Columbia Law Review
The United States ("U.S.") Supreme Court's recent decision in Jennings v. Rodriguez' has potentially opened another avenue for people of color to become entangled in the U.S.' predatory immigration system, through the denial of bail hearings. Denial of periodic bond hearings ensures that many detainees in immigration facilities will be held indefinitely until these detainees' cases are adjudicated. In Jennings, the Court held that detained aliens do not have a right to periodic bond hearings even if they are detained for prolonged periods of time, due to the language of the mandatory and discretionary detention statutes at §§ 1225(b)(1)-(2) and …
Barriers To Due Process For Indigent Asylum Seekers In Immigration Detention, Cindy S. Woods
Barriers To Due Process For Indigent Asylum Seekers In Immigration Detention, Cindy S. Woods
Mitchell Hamline Law Review
No abstract provided.
Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, Tara Patel
Michigan Journal of Race and Law
Part I compares the nineteenth century cases of the Antelope and the Amistad to identify why they resulted in different outcomes despite having similar fact patterns. The Antelope concerned the fate of approximately 280 African captives discovered on a slave trade ship upon its interception by a U.S. revenue cutter. Since the slave trade in the United States was illegal at the time, the captives were transported to Savannah for trial through which their status—free or slave—would be determined. After a lengthy trial and appeals process in which Spain and Portugal laid claim to the captives, the Supreme Court determined …
Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma
Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma
The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson
Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson
VA Engage Journal
The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of …
Plenary Power Is Dead! Long Live Plenary Power, Michael Kagan
Plenary Power Is Dead! Long Live Plenary Power, Michael Kagan
Michigan Law Review First Impressions
For decades, scholars of immigration law have anticipated the demise of the plenary power doctrine. The Supreme Court could have accomplished this in its recent decision in Kerry v. Din, or it could have reaffirmed plenary power. Instead, the Court produced a splintered decision that did neither. This Essay examines the long process of attrition that has significantly gutted the traditional plenary power doctrine with regard to procedural due process, while leaving it largely intact with regard to substantive constitutional rights.
The Efficacy Of Indefinite Detention: Assessment Of Immigration Case Law In Kiyemba V. Obama, Hansdeep Singh
The Efficacy Of Indefinite Detention: Assessment Of Immigration Case Law In Kiyemba V. Obama, Hansdeep Singh
University of Massachusetts Law Review
This note discusses the potential indefinite detention, also called preventative detention, of the Uighur detainees. Until early 2010, the U.S. Government had been unable to resettle seventeen Uighurs for over 5 years. In 2009, the Supreme Court, granted certiorari on the issue of whether federal courts have the authority to ―order the release of prisoners held at Guantanamo Bay 'where the Executive detention is indefinite and without authorization in law, and release into the continental United States is the only possible effective remedy.‘ However, on March 1, 2010, the Supreme Court vacated and remanded the case to the United States …
Rethinking Immigration’S Mandatory Detention Regime: Politics, Profit, And The Meaning Of “Custody”, Philip L. Torrey
Rethinking Immigration’S Mandatory Detention Regime: Politics, Profit, And The Meaning Of “Custody”, Philip L. Torrey
University of Michigan Journal of Law Reform
Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement, boasts that the figure is “an all-time high.” In some ways, these numbers are unsurprising, considering that the United States incarcerates approximately one in every one hundred adults within its borders—a rate five to ten times higher than any other Westernized …
Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan
Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan
Touro Law Review
No abstract provided.
Immigration Is Different: Why Congress Should Guarantee Access To Counsel In All Immigration Matters, Careen Shannon
Immigration Is Different: Why Congress Should Guarantee Access To Counsel In All Immigration Matters, Careen Shannon
University of the District of Columbia Law Review
This article represents a pipe dream. It envisions an America where no one would be detained, deported, and exiled without the opportunity to meaningfully challenge the grounds for such drastic action against them. Specifically, it envisions an America in which Congress would act in the interest of justice to ensure that foreign nationals held in immigration detention-no, let's call it what it is: prison-while awaiting the opportunity to challenge removability before an Immigration Judge were guaranteed the right to counsel. Similarly, it imagines that even in a time of fiscal crisis and political dysfunction, a Congress that enacts some type …
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm
Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm
Golden Gate University Law Review
United States Immigration and Customs Enforcement (ICE) chooses to keep many immigrants incarcerated while they await the results of their hearings before immigration judges, appeals to the Board of Immigration Appeals (BIA), or second appeals to the federal courts of appeals. Starting with Zadvydas v. Davis in 2001, federal courts have been facing the question of whether such lengthy detentions are permissible under either the Immigration and Nationality Act (INA) or the U.S. Constitution. The U.S. Supreme Court in Zadvydas held that indefinite detention “would raise serious constitutional concerns” and decided to construe the prolonged-detention statute at issue “to contain …
Immigration Law - Flores V. Meese: Ins' Blanket Dentention Of Minors Invalidated, Richard A. Karoly
Immigration Law - Flores V. Meese: Ins' Blanket Dentention Of Minors Invalidated, Richard A. Karoly
Golden Gate University Law Review
No abstract provided.
Speech: Latinas And Their Families In Detention: The Growing Intersection Of Immigration Law And Criminal Law, Sandra Guerra Thompson
Speech: Latinas And Their Families In Detention: The Growing Intersection Of Immigration Law And Criminal Law, Sandra Guerra Thompson
William & Mary Journal of Race, Gender, and Social Justice
In this article, Professor Sandra Guerra Thompson explores the growing enforcement of immigration law within the interior of the United States and the growing intersection of the criminal justice system and immigration law. Through the use of worksite enforcement sweeps and immigration screening by state and local law enforcement, growing numbers of undocumented persons are being taken into custody by federal immigration officials. She examines the plight of women and families held in detention centers under what are often deplorable conditions. Ironically, immigration detention centers offer fewer resources than those available in most state prisons. The immigration law judicial system …
The Trend Toward The Criminalization And Detention Of Asylum Seekers, Sharon A. Healey
The Trend Toward The Criminalization And Detention Of Asylum Seekers, Sharon A. Healey
Human Rights Brief
No abstract provided.
Sentenced To Purgatory: The Indefinite Detention Of Mariel Cubans, Yvette M. Mastin
Sentenced To Purgatory: The Indefinite Detention Of Mariel Cubans, Yvette M. Mastin
The Scholar: St. Mary's Law Review on Race and Social Justice
Indefinite detention of Cuban immigrants is unconstitutional. Immigrants detained in American jails are being treated the same as individuals serving criminal sentences or awaiting disposition of their cases. Congress should, therefore, create a mandatory and uniform system of procedural due process. The system should be modeled after the procedural due process system established by the Kansas Legislature in the Kansas Sexually Violent Predator Act of 1994. Although the U.S. Supreme Court has yet to rule on the indefinite detention of the Mariel Cubans, lower courts have held that the indefinite detention of Mariel Cubans does not violate the Constitution. Nonetheless, …
Some Issues Of Immigration Law In A Developing State, Miriam Defensor Santiago
Some Issues Of Immigration Law In A Developing State, Miriam Defensor Santiago
Michigan Journal of International Law
This article outlines some basic issues of immigration law that will be discussed during this process of reform. These issues, each of which constitutes a separate section, include the legal basis for deportation under Philippine jurisprudence; the power to issue a warrant of arrest against an alien; the power to grant bail to an alien under detention; and the power of judicial review over deportation cases.
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
University of Michigan Journal of Law Reform
Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …
The Indefinite Detention Of Excluded Aliens: Statutory And Constitutional Justifications And Limitations, Michigan Law Review
The Indefinite Detention Of Excluded Aliens: Statutory And Constitutional Justifications And Limitations, Michigan Law Review
Michigan Law Review
Part I of this Note examines the statutory authority for the indefinite detention of excluded aliens. It concludes that although the INA does not explicitly authorize such detention, the statute's purposes and specific provisions imply that Congress intended to establish a statutory preference for the detention of excluded aliens. The Note then argues in Part II that indefinite detention is constitutionally permissible when it is necessary to vindicate the government's sovereign right to exclude aliens. The Note concludes, however, that the Constitution requires the government to make a continuing good faith effort to deport a detained, excluded alien.