Law Commons^™

Is International Trade A Substitute For Migration?, Robert J. Carbaugh

All Faculty Scholarship for the College of Business

If a goal of immigration reform is to lessen the flow of unauthorized immigrants into the U.S., could international trade be used to deter immigration rather than adopting legal barriers? The purpose of this paper is to shed some light on this question by considering the theoretical foundations and empirical research regarding the connection between trade and migration.

Adjudication Lottery For Refugees, Sean Rehaag

Editorials and Commentaries

No abstract provided.

Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes

All Faculty Scholarship

No abstract provided.

In The Twelve Years Of Nafta, The Treaty Gave To Me ... What, Exactly?: An Assessment Of Economic, Social, And Political Developments In Mexico Since 1994 And Their Impact On Mexican Immigration Into The United States, Ranko Shiraki Oliver

Faculty Scholarship

No abstract provided.

The Economic Impact Of International Labor Migration: Recent Estimates And Policy Implications, Howard F. Chang

All Faculty Scholarship

In this essay, I survey the economic theory and the most recent empirical evidence of the economic impact of international labor migration. Estimates of the magnitude of the gains that the world could enjoy by liberalizing international migration indicate that even partial liberalization would not only produce substantial increases in the world’s real income but also improve its distribution. The gains from liberalization would be distributed such that if we examine the effects on natives in the countries of immigration, on the migrants, and on those left behind in the countries of emigration, we find that each group would enjoy …

Illegal Alien? The Immigration Case Of Mohawk Ironworker Paul K. Diabo, Gerald F. Reid

Sociology Faculty Publications

In March of 1927 Paul K. Diabo, a thirty-six-year-old Mohawk ironworker from Kahnawake (Mohawk Nation Territory), Quebec, appeared before Judge Oliver B. Dickinson in federal court in Philadelphia to contest his deportation to Canada. According to the Department of Immigration, which had arrested him a year earlier, Diabo had violated the Immigration Act of 1924 and should be considered an illegal alien. As a member of the Rotinonhsionni (Iroquois) Confederacy, Diabo contended that he had a right to cross the international border without interference and restriction—a right, he argued, that had been recognized by the Jay Treaty of 1794. Diabo’s …

Profiles Of Asian American Subgroups In Massachusetts: Filipino Americans In Massachusetts, Richard Chu

Institute for Asian American Studies Publications

The study of Filipino Americans in the United States is both fascinating and important. It is fascinating because, as with most Asian American subgroups, Filipino Americans are highly diverse, displaying a rich contour of socioeconomic and cultural backgrounds. It is important because they come from a country that was the only major colony of the U.S. in the Pacific. As a consequence of this historical relationship, Filipino Americans now rank as the second most populous Asian American subgroup, and 2006 marked the centennial of the first significant group of contract laborers to be sent to Hawai’i. Despite the important roles …

Issues Relating To Expungement For Non-Us Citizens, Maureen A. Sweeney

Immigration Clinic

No abstract provided.

Recovering The Face-To-Face In American Immigration Law, Marie Failinger

Faculty Scholarship

Professor Failinger’s article begins with stories of the Chinese Exclusion period and modern Arizona border immigration. Tracing Emmanuel Levinas’ argument about violence and totalization of the vulnerable Other as it is manifested in discriminatory legislation in these periods, she argues for a return to the Face-to-Face in deciding immigration requests for admission to the U.S. through a rubric of equitable guided discretion.

Introduction: The Subordination And Anti-Subordination Story Of The U.S. Immigrant Experience In The 21st Century, Raquel Aldana

McGeorge School of Law Scholarly Articles

No abstract provided.

Courts Vs. The Political Branches: Immigration "Reform" And The Battle For The Future Of Immigration Law, Brian G. Slocum

McGeorge School of Law Scholarly Articles

No abstract provided.

The Michigan Guidelines On Protection Elsewhere, Colloquium On Challenges In International Refugee Law

Other Publications

Refugees increasingly encounter laws and policies which provide that their protection needs will be considered or addressed somewhere other than in the territory of the state where they have sought, or intend to seek, protection. Such policies-including "country of first arrival," "safe third country," and extraterritorial processing rules and practices-raise both opportunities and challenges for international refugee law. They have the potential to respond to the Refugee Convention's concern "that the grant of asylum may place unduly heavy burdens on certain countries" by more fairly allocating protection responsibilities among states. But insistence that protection be provided elsewhere may also result …

Local Illegal Immigration Relief Act Ordinances: A Legal, Policy, And Litigation Analysis, Kristina M. Campbell

Journal Articles

Obtaining comprehensive immigration reform is one of the most important legal issues facing the Latino community today. For the nation, virtually every family, business, and community is touched by immigration. In 2006, when millions marched for comprehensive immigration reform, prospects for federal action increased. During the summer of 2006, as the U.S. House failed to move forward to complete legislative action, frustrations by anti-immigrant activists led to a small number of cities and towns attempting to enact restrictions and prohibitions against illegal immigrants at the local level. These measures violate the Constitution, and pit neighbor against neighbor. Immigration policy must …

Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo

Law Faculty Publications

No abstract provided.

Living Among Guatemalan Mayans Is Fascinating Experience, Irene Scharf

Faculty Publications

I have just lived a dream. Five years ago I learned of a school where students of all ages could study Spanish intensively while living among the Guatemalan Mayans. Peace Accords had been signed in 1996, the government was encouraging tourism, and it was, finally, safe to visit.

Why a dream? Because, 25 years ago, when I traveled through Central and South America, I promised my family I would avoid Guatemala because of the perceived was dangers. During that trip, as I met my Europeans and other who had visited, remained safe, and found it a fascinating country, I vowed …

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

Women, Leadership & Equality

No abstract provided.

Crossing Borders: Loving V. Virginia As A Story Of Migration, Victor C. Romero

Journal Articles

The struggle of binational same-gender partners today parallels the struggles of Mildred and Richard Loving during the heyday of the Civil Rights Movement - not only in the obvious parallels between race and sexual orientation as barriers to freedom, but also in the way the law uses these immutable characteristics to limit the freedom of movement. It is this freedom of movement - this migration or immigration - that I want to focus on in this essay. Lest we forget, the Lovings' story is, importantly, a story of migration: It's a story of the great lengths to which an interracial …

The Policy And Politics Of Immigrant Rights, Shoba S. Wadhia

Journal Articles

This article examines how immigration policies over the past decade have affected immigrant rights, scrutinizes administrative and legislative efforts to improve or eliminate these measures, and makes recommendations for advancing a due process agenda in the future. The first part of this article analyzes administrative and legislative proposals under four themes: 1) checks and balances, 2) punishment does not fit the crime, 3) judicial review, and 4) detention. The second part of this article identifies efforts to redress measures emanating from the 1996 immigration laws and policies issued after September 11, 2001. For example, it analyzes legislation introduced in the …

Congressional Devolution Of Immigration Policymaking: A Separation Of Powers Critique, Roger C. Hartley

Scholarly Articles

For roughly a decade, federal legislation has devolved to the states some of Congress's authority to adopt immigration policies that discriminate against permanent resident aliens. Equal protection challenges to discriminatory state policies so authorized by Congress raise the knotty issue of the appropriate scope of judicial review. Courts remain divided. The source of the difficulty is that the equal protection "congruence principle" is not applicable to alienage discrimination. Unlike equal protection cases throughout most of constitutional law, the judiciary deploys different standards of judicial review in alienage discrimination cases depending on whether the discrimination arises under federal or state law. …

Mae Ngai's Impossible Subjects: Illegal Aliens And The Making Of Modern America, Kerry Abrams

Faculty Scholarship

No abstract provided.

Days Without Immigrants: Analysis And Implications Of The Treatment Of Immigration Rallies Under The National Labor Relations Act, Michael C. Duff

All Faculty Scholarship

The massive immigration rallies of early 2006 were prompted by anticipated congressional action classifying all unauthorized workers as felons subject to immediate deportation. While a product of federal immigration policy, the rallies implicate federal labor law because they could be characterized as concerted employee action resulting in a series of work stoppages.

Some employees were discharged for missing work to attend the rallies, so an initial question is whether participation in the rallies is protected activity under the National Labor Relations Act. But even assuming the rallies were attended by unauthorized workers, those workers are undeniably employees within the meaning …

The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan

Articles

The national broil over immigration reform is fermenting an illusory correlation and mistaken heuristic. Two events illustrate the involvement of legislators in the manufacture and mplification of this heuristic mistake. A controversial bill passed by the House of Representatives in December 2005 explicitly and extensively packaged immigration control with antiterrorism.' During his term as a congressman, J. D. Hayworth published a book claiming that inflows of people over the U.S.-Mexico border pose a "terrorist threat," that the nation has witnessed an "illegal alien crime spree," and that high immigration rates from Mexico threaten social instability.[para] Such pronouncements by legislators generate …

Immigration Law And The Regulation Of Marriage, Kerry Abrams

Faculty Scholarship

No abstract provided.

Committing A Crime While A Refugee: Rethinking The Issue Of Deportation In Light Of The Principle Against Double Jeopardy, Won Kidane

Faculty Articles

The Double Jeopardy Clause of the United States Constitution provides: No person shall...be subject for the same offense to be twice put in jeopardy of life or limb . . . If a refugee who has committed a deportable offense and served his sentence is subsequently deported from a place where he calls home to a place where he would face persecution, he could literally be said to have been twice put in jeopardy of life and limb. That seems to be a prima facie violation of the Double Jeopardy Clause of the Fifth Amendment. This constitutional guarantee is, however, …

Emerging Latina/O Nation And Anti- Immigrant Backlash, Sylvia R. Lazos

Scholarly Works

This foreword is an introduction to the LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage symposium, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of inequality, the market forces of globalization, and the cultural hostility towards outsider groups been more relevant.

Backlash against immigrants, particularly Latina/o “illegals,” is on the rise. This Introduction seeks to outline the challenges that the current immigration quandary …

Refugee Solution, Or Solutions To Refugeehood?, James C. Hathaway

Articles

This is the text of a lecture delivered by James C. Hathaway in London in October 2006 to mark the twenty-fifth anniversary of the founding of Jesuit Refugee Service. The lecture was sponsored jointly by the Centre for the Study of Human Rights, London School of Economics; the Heythrop Institute for Religion, Ethics, and Public Life; and Jesuit Refugee Service (UK).

Why Refugee Law Still Matters, James C. Hathaway

Articles

I am concerned that the singular importance of international refugee law is profoundly misunderstood. My more specific worry is that erroneous and competing claims by governments and the refugee advocacy community about the structure and purpose of refugee law threaten its continuing ability to play a truly unique human rights role at a time when no meaningful alternative is in sight.

Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham

Articles

No abstract provided.

The Land Of The Free: Human Rights Violations At Immigration Detention Facilities In America, Caitlin J. Mitchel

LLM Theses and Essays

In America today, aliens who commit even minor visa violations can be detained in one of many immigration detention facilities throughout the U.S. These detainees may be transferred to a facility far away from their homes, families, and attorneys. While imprisoned in these detention facilities, some detainees are treated as and housed with criminals. Their substantive and procedural rights are limited and their human rights are violated. The U.S. laws that should protect them are the very laws that strip them of their rights to court proceedings, challenges of decisions regarding detention, and judicial review. By issuing substantial reservations, declarations, …